A    HISTORY 


REPUBLIC 


UNITED  STATES'OF  AMERICA, 


A9  TRACED   IS   THE   WRITINGS   OF 


ALEXANDER   HAMILTON 


OF  HIS  COTEMPORARIES. 


BY 


JOHN   CJiA^MILTON 


TOLUME  III.       -/i 


"  Neque  enim  est  nlla  res,  in  qua  proplus  ad  Deorum  numen  virtus  accedat  humana, 
quam  civitates  aut  condere  novas,  aut  conservare  jam  conditas." — Cic.  de  Repub. 


NEW  YORK: 
D.    APPLETOX    &   COMPANY, 

BEOADWAY. 
1859. 


b 


^n?- 


.W^ 


\J.^ 


Entered,  according  to  Act  of  Congress,  in  the  year  1859,  by 

JOHN  C.  HAMILTON, 

In  the  Clerk's  Office  of  the  District  Court  of  the  United  States  for  the  Southern  District 
of  New  York. 


CONTENTS    OF   VOLUME    III 


ERRATUM. 

On  page  537,  for  ''finest "  read  "firmesC 


CHAPTER    XXXIX. 

Negotiations  at  Paris — Instructions  as  to  a  commercial  treaty — Despatch 
of  Adams^Plan  of  treaty — Pitt  and  Fox  advocates  of  a  liberal  com- 
mercial policy — British  regulations — Congress  meet — Jefferson ;  his 
birth,  education,  member  of  "  Burgesses,"  elected  to  Congress,  averse 
to  independence,  withdraws  from  Congress,  returns,  draws  Declaration 
of  Independence,  declines  a  re-election,  resigns  and  hastens  from  Phil- 
adelphia— ^Again,  in  Burgesses,  a  reviser  of  the  laws,  elected  Gover- 
nor, his  delinquency,  resigns,  admits  his  disgrace,  and  condemnation, 
elected  to  Congress — Audience  of  Washington,  his  letter  to  Steuben, 
his  resignation  of  command,  at  Annapolis,  retires  to  Mount  Vernon — 
Report  on  Finances — Jefferson's  plan  of  government  of  Western  Terri- 
tory— Jefferson's  report  on  foreign  relations,  proposed  as  commissioner 
to  treat,  objected  to,  appointed — Resolution  by  Massachusetts — Report 


-^  ^  /^O 


b 


CONTENTS    OF   VOLUME    III 


CHAPTER     XXXVII. 

Kejoicings  in  France,  at  the  treaty  of  peace— Procession — ^Discontents  of 
England — Parliamentary  Reform— Hamilton  returns  to  New  York — 
McHenry  and  Jay  to  Hamilton — Hamilton  at  the  bar — ^Argmnent  on 
the  treaty — Decision — Legislative  violence.  .  .  .1 

CHAPTER    XXXVIII. 

Popular  violence — Confiscations — Hamilton  interposes — ^Writes  "Phocion" 
— Replies — Second  "  Phocion  ** — Hamilton  and  Ledyard — ^Land  bank 
— Hamilton  plans  bank  of  New  York — Manumission  Society — La 
Fayette.  ........     23 

CHAPTER    XXXIX. 

Negotiations  at  Paris — Instructions  as  to  a  commercial  treaty — Despatch 
of  Adams^Plan  of  treaty — Pitt  and  Fox  advocates  of  a  liberal  com- 
mercial policy — British  regulations — Congress  meet — Jefferson;  his 
birth,  education,  member  of  "  Burgesses,"  elected  to  Congress,  averse 
to  independence,  withdraws  from  Congress,  returns,  draws  Declaration 
of  Independence,  declines  a  re-election,  resigns  and  hastens  from  Phil- 
adelphia— ^Again,  in  Burgesses,  a  reviser  of  the  laws,  elected  Gover- 
nor, his  delinquency,  resigns,  admits  his  disgrace,  and  condemnation, 
elected  to  Congress — Audience  of  Washington,  his  letter  to  Steuben, 
his  resignation  of  command,  at  Annapolis,  retires  to  Mount  Vernon — 
Report  on  Finances — Jefferson's  plan  of  government  of  Western  Terri- 
tory— Jefferson's  report  on  foreign  relations,  proposed  as  commissioner 
to  treat,  objected  to,  appointed — Resolution  by  Massachusetts — Report 


iv  CONTENTS    OF    VOLUME   III. 

ou  foreign  relations  discussed— Treaty  discussed— Garrison  of  frontier 
posts— Congress  again,  in  session— Courts  on  territorial  controversies 
organized— Indians— Site  of  a  Federal  City— Ordinance  as  to  Western 
Territory— Fiscal  policy.         .  •  •  •  •  •     ^I 

CHAPTER  XL. 
Jefferson  at  Paris — Commission — Negotiations  with  France — Jefferson's 
advice  as  to  French  debt— Reproved  by  Congress— Arrets  of  France- 
Consular  convention,  objected  to— Spain— Mississippi— Plan  of  treaty 
of  commerce  with  Spain— Jay's  report — Madison  proposes  Jefferson's 
special  mission  to  Spain— Defeated— Hamilton  asserts  right  of  free 
'navigation  of  Mississippi— British  policy — Mission  of  Adams — His 
views,  discontent,  and  return — Dissatisfaction  with  him  of  Congress 
Jefferson's  commercial  views — Hamilton  on  the  policy  of  America.      87 

CHAPTER    XLI. 

Internal  affairs  of  United  States — Attack  on  Cincinnati — Hamilton  re- 
commends abolition  of  its  hereditary  principle — ^British  proclamations 
— Retaliations  by  States — Massachusetts — Hancock — Bowdoin,  Gover- 
nor, recommends  enlargement  of  power  of  Congress — His  correspond- 
ence— His  letter  to  Congress — Reply  of  Delegates — Answer  of  Bow- 
doin— Proposed  convention  defeated.  .  .  .  .121 

CHAPTERXLII. 

Policy  of  New  Hampshire  and  Rhode  Island — New  York — Schuyler — In- 
surrections in  New  Hampshire  and  Massachusetts — Pact  between  Vir- 
ginia and  Maryland — ^Virginia  proposes  a  commercial  convention — 
Annapolis  convention — Address  calling  a  general  political  convention, 
by  Hamilton.  .  .  .  .  .  .  .147 

CHAPTER    XLIII. 

National  Impost — Report  of  Congress — Memorial  by  Hamilton — Policy 
of  New  York — Clinton — Report  by  Congress — Hamilton  in  Legisla- 
ture of  New  York — ^Prepares  address — Speech  on  it — His  speech  on 
acts  repealing  laws  inconsistent  with  Treaty  of  1783.  .  .  168 

CHAPTER    XLIV. 

Hamilton  on  election  law — Vote  by  ballot — Against  Test  oaths.  Legisla- 
tive restrictions  and  discriminations — On  Tax  law— His  policy  as  to 


'  CONTENTS   OF   VOLUME   III.  y 

the  poor — Law  diminishing  Expense  of  collecting  small  debts — ^Dis-  - 
tribution  of  personal  property — Bankrupt  act — Criminal  Jurispru- 
dence— System  of  public  instruction — Plan  of  a  University,  colleges, 
and  public  schools — His  speech  on  the  Impost — Impost  defeated — 
New  Hampshire  grants — Hamilton's  speech  on  Independence  of  Ver- 
mont— Recognized.      .......  200 

CHAPTER    XLV. 

Congress  meet — Proceedings  in  States  as  to  General  Convention — Hamil- 
ton urges  Congress  to  recommend  it — His  resolution,  that  New  York 
appoint  delegates — Appointed  a  delegate — Declines  a  re-election  to  the 
Legislature — Appointments  of  delegates  by  the  States — Proposed 
American  confederacies — Opinions  of  Jay — ^Kiiox — ^Madison  s  state- 
ment and  misstatement — ^Madison's  opinions  as  to  new  Government — 
Jefferson's— Edmund  Randolph's — Madison  for  right  of  coercion  on  1 
States — Hamilton's  progressive  opinions,  and  acts — Federal  convention  | 
meets — Washington  presides — Its  rules— Secrecy  enjoined — Resolutions 
of  Randolph  and  of  Charles  Pinckney — Debates  on — Constitution  of 
Legislative  department — Executive  department — Madison  and  Ran- 
dolph in  favor  of  a  plural  executive — Hamilton  and  Wilson  for  a  sin-  v 
gle  executive — Council  of  revision — National  judiciary — New  States — 
Madison,  Hamilton,  and  Wilson  as  to  constitution  of  National  Legis- 
lature— New  Jersey  plan  submitted — ^Its  features — Comparison  of 
several  plans  before  the  convention — Comparison  of  Madison's  and 
Hamilton's  views  as  to  the  government,  its  structure  and  powers.         .  2 

CHAPTER    XLVI. 


Impolicy  and  imperfections  of  proposed  plans — ^Hamilton's  situation  in 
convention — HfS  speech — Advocates  a  republican  government,  duly 
organized — Madison's  misstatement — Hamilton's  first  plan  of  a  con- 
stitution— Comments  thereon.  .....  273 

CHAPTER    XLVII. 

Hamilton's  eflforts  to  direct  opinions — Madison's  changed  view — Hamilton 
as  to  State  governments — ^Wilson's  remarks — Hamilton's  observations 
— New  Jersey  plan  rejected — Debates  on  Virginia  resolutions — Lan- 
sing's views — Luther  Martin's — Hamilton's  system — In  favor  of  election 
of  Representatives  by  the  people — King  concurs — Compensation  of 
Exclusion  from  office — Madison's  speech  on  nature  of  the  government, 
Sherman,  Hamilton — Suffrage  of  States — Hamilton's  plan  approved 


y 


yi  CONTENTS   OF   VOLUME  III. 

His  further  views — Hamilton  to  Washington — Renewed  debate — 

Compromise  reported — Yates  and  Lansing  abandon  the  convention — 
Washington  to  Hamilton — Hamilton's  statement  of  Washington's 
and  Madison's  views.  •      .  .  .  •  •  •  303 

CHAPTER    XLVIII. 

Clinton's  opposition — Hamilton  appeals  to  people  in  favor  of  Constitution 
— Hastens  to  Philadelphia— Proceedings  in  Convention  as  to  Compro- 
mise— Contests  for  State  power — Legislative  powers  discussed — Insti- 
tution of  Executive,  single,  re-eligible — Term,  seven  years — Judiciary 
during  good  behavior — Committee  of  Detail — ^Early  report  in  Congress 
as  to  powers  of  Legislature — Its  influence — Hamilton  as  to  qualifica- 
tions of  Representatives — ^Visits  New  York — ^Letters  to  Rufus  King — 
Hamilton's  inquiries  as  to  a  project  of  a  Monarchy  by  the  Loyalists — 
Opinions  in  Convention — Hamilton  resumes  his  seat — His  exertions 
and  influence — Report  of  Grand  Committee — Office  of  President — 
Hamilton's  view — ^Presents  second  plan  of  a  Constitution — Two  years 
President — Religious  test  excluded — Constitution  engrossed,  and  signed 
— Hamilton's  views  of  Govermnent  misrepresented — His  statement — 
Statement  of  Luther  Martin — Subsequent  publication  by  Hamilton — 
Madison's  views — Letter  to  Pickering — Hamilton  proposes  President 
not  re-eligible,  more  than  once — Journal  of  Convention  garbled — 
Correspondence  of  J.  Q.  Adams  and  Madison — Hamilton's  impressions 
as  to  working  of  Constitution.  .....  324 

CHAPTER    XLIX. 

Hamilton's  benevolence — ^Vindication  of  Cincinnati — ^Vindication  of  him- 
self— Letter  to  Washington — Reply — Hamilton  as  to  Steuben — Wash- 
ington's answer — Origin  of  the  Federalist — Its  purpose  and  topics — 
Congress,  as  to  submission  of  Convention  to  the  States — Opposition  to 
— Lee  proposes  amendments — Delaware — Its  settlement,  government, 
and  policy — Ratifies  the  Constitution — Pennsylvania — Its  topography, 
settlement,  government,  controversies,  and  laws — Call  of  a  State  Con- 
vention— Findley — Seceders — Debates  in  Convention — Opponents — 
Findley,  Smilie — Advocates,  McKean,  Wilson,  Wayne — Adopts  Con- 
stitution. ........  361 

CHAPTER    L. 

New  Jersey — Topography  and  population — Proprietary  titles — Liberal 
viev/s— Ratifies    Constitution — Georgia — Its     settlement,    population, 


CONTENTS   OF   VOLUME   III.  yii 

(xovemment — Adopts  Constitution — Connecticut  —  Its  settlement — 
Policy — Charters — Religious  system — Patriotism — State  Convention — 
Ellsworth — Debates — Johnson — Sherman,  Huntington,  and  Wolcott — 
Motives  to  adopt — Grounds  of  opposition — Ratifies  Constitution — 
Massachusetts — Origin  and  Progress — Fisheries — Towns  —  Laws — 
Equality  of  condition — Militia — Ecclesiastical  polity — Influence  of 
Clergy  —  Grounds  of  opposition,  to  the  Constitution — Hancock, 
Samuel  Adams,  and  Gerry — ^Advocates  of  Constitution  ;  Ames,  Cahot, 
King,  Parsons,  Sedgwick,  Strong — Debates  in  Convention — ^Biennial 
Elections — State  and  General  Government — Senate — Powers  of  Con- 
stitution— Judiciary  Department — Proposed  adjournment — Influence 
of  mechanics — Concurrence  of  Hancock  and  S.  Adams — Ratifies  Con- 
stitution. ........  388 

CHAPTER    LI. 

New  Hampshire — Its  topography,  settlement,  pursuits — Jealousy  of  Gov- 
ernment— Dissensions — State  Convention  meets  and  adjourns — Mary- 
land— Its  settlement,  population,  tolerance — Government,  policy — 
Adopts  Constitution — South  Carolina — Its  Government — Settlement — 
Planters — Slaves — Prosperity — Opposition  to  England — United  spirit 
of  opposition — Difference  of  interests  and  opinions — Slavery — Debates 
in  Legislature  as  to  Constitution — Lowndes — The  Pinckneys — Rutledge 
— ^Butler — Barnwell — Weakness  of  Executive — Treaty  power — Regu- 
lation of  Commerce — Collection  of  Revenue — ^Advocacy  of  Constitution 
by  Cotesworth  Pinckney — Convention  meets  and  ratifies  Constitution 
— Celebration  in  Charleston.  ...  .  419 

CHAPTER    LII. 

Virginia — Her  opmions — Washington  to  Patrick  Henry — Legislature — 
Call  of  Convention — ^Washington  to  Hamilton — Public  letters  of  Geny, 
and  Richard  Hemy  Lee — Objections  of  George  Mason — ^Aristocracy — 
Monarchy — Letter  of  Randolph — Society  at  New  York  formed  to  op- 
pose Constitution — Urges  second  Federal  Convention — Clinton,  chief 
opponent  of  Constitution  in  New  York — Speech  to  Legislature — Ham- 
ilton chosen  Delegate  to  Congress — Hamilton  assailed — Opposition  to 
call  of  State  Convention — Debate  on  allegiance — Benson's  speech — 
Party  hostilities — Riots  in  Pennsylvania,  and  in  New  York — ^Virginia 
— Its  topography,  and  population — Property,  and  pursuits — Primo- 
geniture, and  entails — Power  of  families — Religious  system  and  feel- 
ings— Colonial  Charter  and  temper — Early  discontent  with  the  Crown 


Vlll 


CONTENTS    OF    VOLUME   III. 


Prejudices,    Local,   religious,   and   political — State    Government — 

Oligarchic  feelings— Subjects  of  jealousy — Convention  meets— Pendle- 
ton—Henry— Randolph— Mason— Lee— Madison  —  Nicholas— Corhin 

Henry  in  opposition — Denounces  the  Constitution — Merits  of  British 

Government — Madison  explains  and  ably  vindicates  the  new  System — 
Monroe  condemns  it— Marshall  sustains  it— Oswald  in  Virginia— Madi- 
son and  Lee  to  Hamilton — Navigation  of  Mississippi — Control  of  Navy 
General  and  Treaty  power — Local  influences — The  National  Judici- 
ary— Madison  to  Hamilton— Letter  of  Jefferson — Heniy's  and  Madi- 
son's comments — Monroe  urges  conditional  ratification — Ratifies  Con- 
stitution— Washington's  gratulation.  ....  442 

CHAPTER  LIII. 

Hamilton  in  Congress— Invalids  of  Army — Admission  of  Kentucky — 
State  of  opinion  in  New  York — Its  Convention  meets— Clinton, 
Lansing,  Smith,  oppose  Constitution — Advocates,  Duane,  Hamilton, 
Harrison,  Jay,  and  Livingston — ^Debates — Importance  of  Union — 
Hamilton  to  Madison — Clinton's  letter — Smith  objects  to  Legislative 
Department,  the  rule  of  apportionment — Hamilton  for  a  National 
Government — States  defects  and  effects  of  Confederation — State  de- 
linquencies— Coercion  of  States — Civil  War — Insists  new  Govern- 
ment, truly  Republican — Compromises  in  Convention — Defends  rep- 
resentation of  Slaves — Assailed  therefor — ^Necessity  of  a  Democratic 
branch — Evils  of  a  pure  Democracy — ^Value  of  a  Representative  Sys-  ^ 
tem — Jay  supports  him — Hamilton  on  importance  and  uses  of  a  Sen- 
ate— An  efficient  government — Utility  of  State  governments — Ob- 
ject of  government.    .  .  .  .  .  .  .481 

CHAPTER  LIV. 

Dangers  of  Constitution  to  States  insisted  upon — Fiscal  power — Hamilton 
on  structure  of  new  government — Supremacy  of  National  and  State 
laws  as  to  their  respective  objects — Hamilton  to  Madison — Contro- 
versy with  Clinton — Disposition  and  objects  of  Fiscal  powers — Ex- 
cises— Lansing  objects  to  Fiscal  power — Controversy  with  Hamilton —  • 
Power  over  Loans — Restriction  opposed — Amendments  proposed — 
Executive  and  Judiciary  departments  discussed — Proposed  Commis- 
sion— Declaration  of  Rights  proposed — Hamilton  to  Madison — Series 
of  amendments  proposed — Hamilton  urges  an  absolute  ratification — 
Determination  of  Clinton  and  adherents  to  reject  Constitution — 
Speeches  of  Hamilton — Hamilton's  decision — Debate  as  to  employ- 


CONTENTS    OF   VOLUME    III.  ix 

ment  of  Militia — Hamilton  defends  it — Vote  to  ratify — Amendment 
reserving  right  to  withdraw — Hamilton  to  Madison — Hamilton  closes 
debate — Constitution  ratified — City  of  New  York — ^Excitement — Re- 
joicing— Celebration  of  adoption  of  Constitution — Procession — Honors 
to  Hamilton — Kent's  recollections.    .....     504 

CHAPTER  LV. 

Hamilton  as  to  accession  of  Vermont — ^North  Carolina — Its  topography — 
Population — Pursuits — Government — ^Intestine     Feuds — Indebtedness 

»  — Devastation — ^Disposition  —  Convention  meets  —  Davie,  Johnson, 
Iredell,  Spaight,  Jones,  Macon — Adjourns — Circular  as  to  call  of 
Second  Convention  by  New  York — Rhode  Island — Hamilton  to  Olney 
— Call  of  Second  Convention  approved — Pennsylvania — Virginia  in 
favor  of  a  Second  General  Convention — Randolph  to  Madison — New 
York  for  a  revision  of  the  Constitution — Schism  in  Massachusetts — 
Congress  as  to  seat  of  Government — Hamilton  urges  temporary  resi- 
dence at  New  York — Claims  of  Virginia  and  Pennsylvania — Madison 
to  Washington — Reply — Hamilton  prevails — New  York  selected — 
Ordinance  passed  to  carry  the  Constitution  into  effect — New  York  re- 
fuses to  choose  Electors  of  President — Defective  structure  of  Constitu- 
tion— Hamilton  and  Madison  rejected  as  Delegates  to  Congress — 
Madison  defeated  as  Senator — Chosen  a  Representative — Opposition  to 
Clinton  in  New  York — Hamilton's  address — Hamilton  writes  letters 
of  H.  G.  in  opposition  to  Clinton — Four  Federalists  elected  to  Con- 
gress— Hamilton  urges  Washington  to  accept  the  Pre sidency-=- Wash- 
ington's reluctance — Correspondence  between  them — Franklin  pre- 
ferred by  French  Counsels — Distrust  by  France — Instructions  to  De 
Moustier — Office  of  Vice  President — John  Adams  suggested  to  fill  it — 
Prevailing  doubts  of  his  fitness — Washington's  view — Hancock — 
Knox — Correspondence  of  Hamilton  and  Madison — Hamilton  reluctant- 
ly assents  to  Adams — To  prevent  competition  with  Washington,  votes 
withheld  from  Adams — His  resentment — Washington  unanimously 
elected  President — Adams  by  a  minority  of  votes — Inauguration  of 
Washington.  .......     531 


V 


THE   HISTOEY 


OF  THE 


REPUBLIC  OF  THE    UNITED  STATES. 


CHAPTER    XXXVII 


France  was  all  joyous  at  the  restoration  of  peace. 
The  burthens  of  the  conflict  were  weighing  heavily  upon 
her  impoverished  treasury.  Enough  of  glory  had  been 
gained.  The  nation's  pulse  was  beating  weakly.  Prince 
and  People  were  alike  weary  of  the  war,  for  England, 
though  maimed  for  a  time,  was  not  "overthrown." 

Enthusiastic  pomp  and  festival  proclaimed  the  conclu- 
sion of  the  comprehensive  treaties  of  compensation. 

A  day  of  celebration  being  appointed,  "  the  king-at- 
arms  and  six  heralds-at-arms,  all  attired  in  a  garb  not  unlike 
that  of  the  knave  of  diamonds,  sallied  forth  on  horseback, 
through  the  streets  of  Paris,  preceded  by  the  band  of  the 
king's  stables,  and  by  the  Master  of  Ceremonies.  The 
procession  went  first  to  take  (by  the  special  direction  of  the 
king)  the  Mayor  of  Paris,  the  City  authorities,  and  the 
Judges  of  the  Chatelet,  whose  chief  had  previously  de- 
livered to  the  king-at-arms  the  ordinance  of  peace,  which 
was  to  be  proclaimed. 
Vol.  III.— 1 


2  THE   KEPUBLIO.  [1783. 

"  All  these  corporations,  formed  in  a  body,  repaired  in 
succession  to  fourteen  public  squares,  where  the  reading 
of  the  royal  document  took  place,  attended  each  time  with 
these  formalities. 

"  The  Chevalier  de  la  Haye,  after  having  ordered  three 
peals  from  his  Majesty's  bells-at-arms,  thrice  exclaimed, 
"  In  the  name  of  the  king,"  then  added,  "  First  herald-at- 
arms  of  France,  by  the  title  of  Burgundy,  attend  to  the 
performance  of  the  duties  of  your  office."  The  official, 
thus  bidden,  received  the  ordinance  from  the  hands  of  his 
chief,  and  read  it  aloud.  The  king-at-arms,  after  the  con- 
clusion of  the  reading,  ordered  three  flourishes  from  the 
royal  trumpeters  ;  and  then  cried  out  three  times,  "  Long 
live  the  king."  About  the  middle  of  his  stately  march, 
the  king-at-arms  and  his  heralds,  in  conformity  with  a 
custom  as  ancient  as  it  is  peculiar,  entered  the  convent  of 
the  Feuillants,  whose  monks  had  prepared  a  collation  for 
those  officials.  The  rest  of  the  procession,  being  by  the 
laws  of  etiquette  excluded  from  the  privilege  of  the  feast, 
waited  in  the  streets  the  return  of  the  guests  of  the  con- 
vent. The  ceremony  was  concluded  with  a  sumptuous 
supper  at  the  City  Hall,  where  every  inhabitant  of  Paris 
was  a  welcome  guest. 

"During  this  official  promenade,  the  Peace  was  an- 
nounced from  the  stage  of  the  opera  to  a  delighted  audi- 
ence."* 

While  France  was  thus  jubilant,  the  British  Parliament 
spoke  the  discontents  of  the  people.  By  the  opposition, 
the  terms  of  the  treaty  were  loudly  condemned  ;  and  even 
its  most  poAverful  advocate,  William  Pitt,  held  language 
wounding  to  the  pride  of  the  nation.  "  To  accept  the 
treaty  or  to  continue  the  war,"  he  declared,  "  was  the  only 
alternative  in  the  power  of  ministers.     Such  was  the  ulti- 

*  Oeil  de  Boeuf,  ii.  291. 


^T.  26.]     ,  HAMILTON.  3 

matum  of  France.  There  was  a  time  when  we  could  have 
dictated  to  the  proudest  of  our  enemies.  But  that  era  is 
past ;  and  the  summit  of  glory,  of  which  we  could  once 
vaunt,  is  now  but  a  vision  and  a  memory.  At  the  same 
time,  let  it  be  remembered,  that  the  peace  obtained  is  bet- 
ter than  was  suited  to  the  lowness  of  our  condition.  We 
have  acknowledged  the  American  independence.  But 
what  is  that  but  an  empty  form  ?  The  incapacity  of  the 
minister  who  conducted  the  war,  and  a  series  of  unpros- 
perous  events,  had  produced  the  acknowledgment." 

After  a  long  and  earnest  struggle,  the  public  dissatis- 
faction prevailed,  and  the  ministry  were  compelled  to  retire. 

Though  England  had  been  worsted  in  her  contest  with 
the  United  States,  that  contest  was  not  to  her  without  its 
benefits.  The  public  opinion  of  the  nation  had  been  fos- 
tered into  strength,  and  those  great  meetings,  which  have 
resulted  in  successive  reforms  of  the  House  of  Commons, 
owed  their  birth  to  the  American  revolution.  With  a 
wise  characteristic  caution,  the  doors  of  liberty  have  been 
opened  without  imperilling  the  State. 

Early  in  the  year  eighty-two,  the  counties,  cities,  and 
towns  of  England  were  seen  in  motion ;  and  on  the  first 
of  February,  the  livery  of  London  resolved,  "  that  the 
unequal  representation  of  the  people,  the  corrupt  state  of 
parliament,  and  the  perversion  thereof  from  its  original 
institution,  had  been  the  principal  causes  of  the  unjust 
war  with  America,  of  the  consequent  dismemberment  of 
the  British  empire,  and  of  every  grievance  of  which  the 
nation  complained.  That  these  grievances  could  never 
be  removed,  until  the  right  of  the  people  to  their  consti- 
tutional share  in  the  English  government  should  be  re- 
established, by  a  fair  and  equal  representation  in  parlia- 
ment, and  a  frequent  election  of  their  representatives, 
according  to  ancient  usuage." 


4  THE   REPUBLIC.  [1783. 

Thus  sustained  by  these  manifestations  of  feeling, 
Wilham  Pitt  led  the  way  in  a  motion  for  reform,  which 
succeeding  parliaments  have  introduced. 

A  rumor  that  the  definitive  treaty  had  been  received, 
prompted  a  request  that  Hamilton  would  remain  in  Con- 
gress a  few  days.  The  apprehensions  entertained  by  him 
of  obstacles  to  its  conclusion  being  thus  dispelled,  he  was 
much  elated  at  the  event,  and  with  the  prospect,  after  so 
long  a  public  service,  of  enjoying  the  repose  of  private  life. 

"  I  am  strongly  urged,"  he  wrote  to  his  wife,  "  to  stay 
a  few  days  for  the  ratification  of  the  treaty  ;  at  all  events, 
however,  I  will  not  be  long  from  you.  I  give  you  joy  of 
the  happy  conclusion  of  this  important  work,  in  which 
your  country  has  been  engaged.  Now,  in  a  very  short 
time,  I  hope  we  shall  be  happily  settled  in  New  York. 
My  love  to  your  father.  Kiss  my  boy  a  thousand  times. 
A  thousand  loves  to  yourself." 

He  soon  after  proceeded  to  Albany.  The  instabihty 
of  the  public  counsels,  and  the  impotence  of  the  confed- 
eracy, caused  Hamilton  to  fear  that  either  foreign  aggres- 
sion or  civil  discord  might  again  compel  a  resort  to  arms. 
Thus  impressed,  he  wrote  to  Washington  on  the  thirtieth 
of  September: 

"  I  think  I  may  address  the  subject  of  this  letter  to 
your  Excellency  with  more  propriety  than  to  any  other 
person,  as  it  is  purely  of  a  military  nature  ;  as  you  are 
best  acquainted  with  my  services  as  an  officer,  and  as  you 
are  now  engaged  in  assisting  to  form  the  arrangements 
for  the  future  peace  establishment. 

"  Your  Excellency  knows,  that  in  March  '82,  I  relin- 
quished all  claim  to  any  compensation  for  my  services, 
either  during  the  residue  of  the  war,  or  after  its  conclu- 
sion— simply  retaining  my  rank.  On  this  foundation  I 
build  a  hope  that  I  may  be  permitted  to  preserve  my  rank 


^T.  26.]  HAMILTON.  5 

on  the  peace  establishment,  without  emoluments,  and  un- 
attached to  any  corps,  as  an  honorary  reward  for  the  time 
I  have  devoted  to  the  public.  As  I  may  hereafter  travel, 
I  may  find  it  an  agreeable  circumstance  to  appear  m  the 
character  I  have  supported  in  the  revolution. 

"  I  rest  my  claim  solely  on  the  sacrifice  I  have  made  ; 
because  I  have  no  reason  to  believe  that  my  services  have 
appeared  of  any  value  to  Congress,  as  they  declined  giving 
them  any  marks  of  their  notice  on  an  occasion  which  ap- 
peared to  my  friends  to  entitle  me  to  it,  as  well  by  the 
common  practice  of  sovereigns,  as  by  the  particular  prac- 
tice of  this  country  in  repeated  instances. 

"  Your  Excellency  will  recollect,  that  it  was  my  lot  at 
Yorktown  to  command,  as  senior  officer,  a  successful  at- 
tack upon  one  of  the  enemy's  redoubts  ;  that  the  officer 
who  acted  in  a  similar  capacity  in  another  attack,  made 
at  the  same  time  by  the  French  troops,  has  been  hand- 
somely distinguished  by  the  government  to  which  he 
belongs  ;  and  that  there  are  several  examples  among  us, 
where  Congress  have  bestowed  honors  upon  actions,  per- 
haps not  more  useful,  nor,  apparently  more  hazardous. 

"These  observations  are  inapplicable  to  the  present 
Congress,  further  than  as  they  may  possibly  furnish  an 
additional  motive  to  a  compliance  with  my  wish. 

"  The  only  thing  I  ask  of  your  Excellency,  is,  that  my 
application  may  come  into  view  in  the  course  of  the  con- 
sultations on  the  peace  establishment." 

Hamilton  had  been  too  prominent  in  his  opposition  to 
the  cabal  against  the  Commander-in-chief,  to  be  forgiven 
by  its  partisans  in  Congress.  Hence  the  injustice  done 
him.  Consecrated  in  the  public  affections,  Washington 
could  not  be  directly  attacked  by  his  enemies.  It  was 
at  Hamilton,  as  a  buckler,  the  incessant  blows  were 
struck. 


6  THE   REPUBLIC.  [1783. 

The  Commander-in-chief  repHed  on  the  sixth  of  No- 
vember. 

"  Congress,  after  resolving  to  adjourn  upon  the  twelfth 
of  this  month,  did,  equally  unexpectedly  and  surprisingly 
to  me,  finish  their  session  at  this  place  the  day  before 
yesterday ;  without  bringing  the  peace  estabhshment,  or 
any  of  the  many  other  pressing  matters,  to  a  decision. 

"  Finding  that  this  was  likely  to  be  the  case,  I  showed 
your  letter  to  some  of  your  particular  friends  ;  and  con- 
sulted with  them  on  the  propriety  of  making  known  your 
wishes  with  my  testimonial  of  your  services  to  Congress  ; 
but  they  advised  me  to  decline  it,  under  a  full  persuasion 
that  no  discrimination  would,  or  indeed  could,  be  made  at 
this  late  hour,  as  every  other  officer  from  the  highest  to 
the  lowest  grade  (not  in  actual  command)  were  retiring 
without  the  retention  of  rank ;  and  that  the  remainder, 
upon  a  peace  establishment  (if  a  continental  one  should 
ever  take  place),  would  come  in  upon  the  new  system, 
under  fresh  appointments  ;  so  that  unless  you  wished  to 
come  into  actual  command  again  (which  none  supposed), 
they  saw  no  way  by  which  you  could  preserve  your  rank. 

"  I  have  the  pleasure  to  inclose  you  a  brevet,  giving 
you  the  rank  of  full  colonel." 

Hamilton  was  now  looking  to  the  evacuation  of  New 
York.  What  a  tide  of  thoughts  must  have  passed  through 
his  mind  as  he  now  sailed  the  tranquil  Hudson,  on  whose 
margin  he  passed  many  of  his  happiest  after  hours,  and 
breathed  his  latest  sigh !  How  changed  his  present  from 
his  former  feelings,  when  hastening  along  its  alarmed  bor- 
ders on  his  lonely,  anxious  way — amid  deserted  dwellings, 
forsaken  fields,  a  discordant  population — to  extort  reluc- 
tant aid  from  Gates,  he  detected  those  incipient  intrigues 
which  would  have  lost  Washington  to  his  country ! 

Where,  before,  the  timid  shallop  rarely  ventured  to  dart 


iET.  26.]  HAMILTON.  7 

its  course"  across  the  mournful  stream,  was  now  seen  the 
bold  canvass  of  its  unrivalled  craft  wafting  to  their  libera- 
ted mart  its  joyous  fugitives ;  each  point  and  inlet,  as  he 
passed,  reviving  some  incident  of  his  own  eventful  career, 
or  of  his  country's  glorious  history. 

Poughkeepsie  would  recall  the  moment,  when,  in  concert 
with  Schuyler,  were  framed  those  memorable  resolutions, 
the  first  to  recommend  a  general  convention  to  establish  a 
constitution.  Approaching  Fishkill,  he  would  recur  to  the 
time  when,  with  early  wisdom,  he  portrayed  the  evils  of  a 
weak  and  the  blessings  of  an  efficient  government.  As  his 
eye  turned  upon  the  heights  of  Newburgh,  now  gleaming 
in  the  morning  sun,  he  would. behold,  as  it  were  again,  the 
dark  cloud  which  hung  threatening  over  his  companions 
in  arms,  ready  to  burst  and  overwhelm  them,  until  dissipa- 
ted by  his  powerful  interposition.  West  Point,  crowned 
with  autumnal  gloom,  spoke  of  the  weary  hours  of  anxious 
consultation  with  his  chief,  the  marked  victim  of  a  deep  laid 
treason.  The  detection,  the  pursuit,  the  escape  of  Arnold, 
were  all  before  him.  Beyond,  the  scene  of  Andre's  fate, 
immortalized  by  the  touching  narrative  which  would  have 
veiled  his  error  with  his  misfortunes.  The  humble  fcFry- 
house  at  Greensburgh  would  awaken  happier  associations, 
where,  retiring  in  the  pride  of  a  manly  temper  from  the 
family  of  Washington,  he  devoted  his  first  leisure  to  those 
capacious  plans  of  national  polity  which  placed  him  in 
early  manhood  among  the  foremost  sages  of  the  revolution. 
And  now.  New- York  opened  before  him  in  all  the  often 
recollected  magnificence  of  its  capacious  bay,  its  world-in- 
viting waters,  its  peaceful  shores,  its  guardian  isles,  whence 
proudly  rose  against  the  evening  sky,  the  flag  of  the  Union, 
announcing  that  the  conflict  was  over,  and  seeming  to  in 
vite  him  to  new  triumphs  in  this  much-loved  scene  of  his 
youthful  imaginings,  efforts,  and  distinctions.  Cordial  were 
the  greetings  of  this  grateful  city,  as  it  welcomed,  in  its 


8  THE   EEPUBLIO.  [1783. 

om.e  stranger  boy,  the  now  powerful  advocate  of  mercy 
to  its  apprehensive  denizens,  hastening  to  shield  them  from 
persecution  for  the  venial  offence  of  mistaken  loyalty. 

The  impression  which  his  congressional  career  had  pro- 
duced, is  shown  in  the  letters  received  by  him  at  this  time. 

McHenry,  who  had  recently  taken  a  seat  in  congress, 
writes : — 

Princeton,  Oct.  22,  1783. 
DEAR  HAMILTON, 

The  homilies  you  delivered  in  congress,  are  still  recol- 
lected with  pleasure.  The  impressions  they  made,  are  in 
favour  of  your  integrity,  and  no  one  but  believes  you  a  man 
of  honour  and  republican  principles.  Were  you  ten  years 
older,  and  twenty  thousand  pounds  richer,  there  is  no  doubt 
but  that  you  might  obtain  the  suffrages  of  congress  for  the 
highest  office  in  their  gift.  You  are  supposed  to  possess 
various  knowledge,  useful,  substantial,  and  ornamental. 
Your  very  grave,  and  your  cautious — your  men  who  meas- 
ure others  by  the  standard  of  their  own  creeping  politics, 
think  you  sometimes  intemperate,  but  seldom  visionary, 
and  that  were  you  to  pursue  your  object  with  as  much 
cold  perseverance  as  you  do  with  ardour  and  argument, 
you  would  become  irresistible. 

In  a  word,  if  you  could  submit  to  spend  a  whole  life  in 
dissecting  a  fly,  you  would  be,  in  their  opinion,  one  of  the 
greatest  men  in  the  world.  Bold  designs — measures  calcu- 
lated for  their  rapid  execution — a  wisdom  that  would  con- 
vince, from  its  own  weight — a  project  that  would  surprise 
the  people  into  greater  happiness,  without  giving  them  an 
opportunity  to  view  it  and  reject  it — are  not  adapted  to  a 
council  composed  of  discordant  materials,  or  to  a  people 
which  have  thirteen  heads,  each  of  which  pays  superstitious 
adorations  to  inferior  divinities. 

I  have  reported  on  Fleury's  case  on  the  principle  you 
recommend.      I  fear  his  half-pay  will  not  be  granted. 


^T.  26.]  HAMILTON.  9 

Adieu,  my  dear  friend,  and  in  the  days  of  your  happiness 
drop  a  Hne  to  your 

McHenry. 

P.  S. — Our  exemplification  of  the  treaty  has  passed,  and 
will  be  transmitted  to  the  state  officially. 

The  other  was  from  Jay,  at  Passy  : — 


"  You  was  always  of  the  number  of  those  I  esteemed, 
and  your  correspondence  would  be  both  interesting  and 
agreeable.  I  had  heard  of  your  marriage,  and  it  gave  me 
pleasure,  as  well  because  it  added  to  your  happiness,  as 
because  it  tended  to  fix  your  residence  in  a  state  of  which 
I  long  wished  you  to  be  and  remain  a  citizen. 

"  The  character  and  talents  of  deles^ates  to  conm-ess 
daily  become  more  and  more  important,  and  I  regret  your 
declining  that  appointment  at  this  interesting  period.  Re- 
spect, however,  is  due  to  the  considerations  which  influ- 
ence you ;  but  as  they  do  not  oppose  your  accepting  a 
place  in  the  legislature,  I  hope  the  state  will  still  con- 
tinue to  derive  advantage  from  your  services :  much  re- 
mains to  be  done,  and  labourers  do  not  abound. 

"  I  am  happy  to  hear  that  the  terms  of  peace  and  the 
conduct  of  your  negotiators  give  general  satisfaction. 
But  there  are  some  of  our  countrymen,  it  seems,  who  are 
not  content,  and  that  too  with  an  article  which  I  thought 
to  be  very  unexceptionable,  viz :  the  one  ascertaining  our 
boundaries.     Perhaps  those  gentlemen  are  latitudinarians. 

"  The  American  newspapers  for  some  months  past  con- 
tain advices  which  do  us  harm  ;  violences  and  associations 
against  the  tories  pay  an  ill  compliment  to  government, 
and  impeach  our  good  faith  in  the  opinion  of  some,  and 
our  magnanimity  in  the  opinion  of  many.     Our  repute- 


10  THE   REPUBLIC.  [1783. 

tion,  also,  suffers  from  the  apparent  reluctance  to  taxes, 
and  the  ease  with  which  we  incur  debts  without  providing 
for  their  payment.  The  complaints  of  the  army — the 
jealousies  respecting  congress — the  circumstances  which 
induced  their  leaving  Philadelphia — and  the  too  little  ap- 
pearance of  national  spirit  pervading,  uniting,  and  invigo- 
rating the  confederacy,  are  considered  as  omens  which 
portend  the  diminution  of  our  respectability,  power,  and 
felicity.  I  hope  that  as  the  wheel  turns  round,  other  and 
better  indications  will  soon  appear.  I  am  persuaded  that 
America  possesses  too  much  wisdom  and  virtue  to  permit 
her  brilliant  prospects  to  fade  away  for  want  of  either. 

"  The  tories  are  almost  as  much  pitied  in  these  coun- 
tries as  they  are  execrated  in  ours ;  an  undue  degree  of 
severity  towards  them  would,  therefore,  be  impolitic,  as  it 
would  be  unjustifiable.  They  who  incline  to  involve  that 
whole  class  of  men  in  indiscriminate  punishment  and  ruin, 
certainly  carry  the  matter  too  far.  It  would  be  an  in- 
stance of  unnecessary  rigour  and  unmanly  revenge,  with- 
out a  parallel,  except  in  the  annals  of  religious  rage  in 
times  of  bigotry  and  bUndness.  What  does  it  signify 
where  nine-tenths  of  these  people  are  buried  ?  Victory 
and  peace  should  in  my  opinion  be  followed  by  clemency, 
moderation,  and  benevolence,  and  we  should  be  careful 
not  to  sully  the  glory  of  the  revolution  by  licentiousness 
and  cruelty.  These  are  my  sentiments,  and  however  un- 
popular they  may  be,  I  have  not  the  least  desire  to  conceal 
or  disguise  them.  Believe  me  to  be,  with  great  regard 
and  esteem." 

Notwithstanding  urgent  solicitations,  Hamilton  adhered 
to  his  purpose  of  retiring  wholly  from  public  life,  and  was 
soon  engaged  in  the  labours  of  his  profession ;  in  which, 
without  the  advantages  of  much  previous  study,  by  the 
energies  of  a  mind  peculiarly  adapted  to  the  analysis  of  first 


^T.  26.]  HAMILTON.  1;| 

principles,  he  rose  to  an  unequalled,  unapproached  dis- 
tinction. 

His  letter  to  McHenry  was  written  to  obtain  an  exem- 
plification of  the  treaty.  The  state  of  New- York  was 
ruled  at  this  time  by  cruel  counsels.  Taking  advantage 
of  the  doubt  as  to  the  period  of  its  execution,  it  passed 
laws  in  direct  violation  of  this  treaty,  and,  in  despite  of  the 
most  earnest  intercessions,  refused  to  stay  the  prosecutions 
commenced  against  proscribed  persons.  Shocked  at  these 
proceedings,  Hamilton  took  up  the  cause  of  these  perse- 
cuted individuals  with  all  the  zeal  of  his  fervent  na- 
ture. 

The  definitive  treaty  having  arrived,  he  addressed  a 
memorial  to  congress  asking  a  record  of  it ;  in  which,  to 
prompt  its  immediate  ratification,  he  stated  that  there  ap- 
peared to  be  no  probability  that  the  legislature  will  inter- 
pose its  authority  to  stay  the  prosecutions  until  it  is  an- 
nounced ;  a  measure  that  would  "  conduce  to  the  security 
of  a  great  number  of  individuals  who  derive  their  hopes 
of  safety  from  the  national  faith." 

Hamilton  now  commenced  his  professional  career ;  and 
it  is  one  of  the  most  interesting  incidents  of  that  career, 
that  the  first  exertion  of  his  talents  as  an  advocate,  was  in 
the  cause  of  clemency  and  good  faith.  It  was  in  the  in- 
most privacy  of  his  quiet  hours,  reflecting  on  such  exer- 
tions, that  he  exclaimed,  "  The  Almighty  has  given  me  a 
good  head,  and  thank  God,  he  has  also  given  me  a  good 
heart." 

This  was  a  suit  in  the  mayor's  court  of  the  city  of  New- 
York,  to  recover  the  rents  of  property  held  by  the  defend- 
ant under  an  order  of  Sir  Henry  Clinton,  and  was  found- 
ed on  a  recent  enactment  called  "  The  Trespass  Act." 
This  act  authorized  an  action  of  trespass  in  favour  of  per- 
sons who  had  left  their  abodes  in  consequence  of  the 
invasion  of  the  enemy,  against  those  who  had  been  in  pos- 


12  THE    EEPUBLIC.  [1783. 

session  of  them  during  the  war,  and  expressly  precluded  a 
justification  of  this  occupancy  by  virtue  of  a  military  or- 
der. It  was  contended  that  the  case  was  not  within  the 
statute  ;  that  the  laws  of  nations  controlled  it  and  barred 
the  suit,  and  that  the  treaty  included  an  amnesty,  which 
extinguished  the  statute  right. 

No  precedent,  it  is  believed,  exists  for  such  an  act  of 
legislation ;  an  act  providing  that  after  a  war  solemnly 
terminated  by  a  treaty  duly  executed,  suits  could  be  com- 
menced by  the  subjects  of  one  belligerent  against  those 
of  another  for  injuries  committed  during  the  war  by  mili- 
tary order. 

No  case  could  have  arisen  of  greater  interest,  higher 
moment,  or  larger  considerations.  It  was  a  question  of 
national  faith  and  national  character — it  was  a  question 
between  the  subjects  of  two  independent  nations,  relating 
to  transactions  in  a  war  between  those  nations. 

It  involved  a  determination  of  the  powers  of  the  con- 
federacy, and  of  its  constitutional  supremacy  over  a  law 
of  a  member  of  that  confederacy.  It  was  of  the  most 
grave  and  weighty  magnitude,  for  it  would  decide  wheth- 
er a  state  tribunal  would  recognise  the  laws  of  nations  and 
of  the  confederation  as  the  rule  of  its  decisions  when  in 
conflict  with  a  local  statute.  It  might  determine  the  con 
duct  of  Great  Britain  as  to  the  execution  of  the  treaty,  the 
surrender  of  the  posts,  and  the  peace  of  the  union. 

It  involved  property  of  a  great  amount,  and  numerous 
cases  depending  on  the  same  principle.  It  was  the  deci- 
sion of  a  controversy  between  a  wealthy  merchant — a 
British  subject,  an  adherent  of  the  enemy — and  a  fugitive, 
an  exile,  a  poor  American  widow,  impoverished  by  the 
war.  It  was  tried  while  the  strife  of  the  fierce  contest 
was  recent,  in  the  midst  of  a  dilapidated  and  yet  disorder- 
ed city,  when  all  around  were  beheld  the  ravages  of  the 
invader,  in  a  hall  of  justice  desecrated  and  marred  by 


^^T.  26.]  HAMILTON.  I3 

the  excesses  of  its  late  occupants,  a  licentious  soldiery. 
On  one  side  was  the  attorney-general  of  the  state,  armed 
with  all  its  authority  to  sustain  its  laws,  representing  the 
passions  of  an  inflamed  community,  pleading  for  the 
widowed  exile.  On  the  other  stood  Hamilton,  resting  on 
the  justice  of  this  mighty  cause. 

The  plaintiff''s  task  was  obvious.  It  was  to  insist  upon 
the  statute.  The  statute  was  explicit.  Both  the  parties 
were  within  its  provisions.  It  was  obligatory,  and  no 
court  of  that  state,  no  court  especially  of  limited  jurisdic- 
tion, could  look  beyond  it.  Look  where  ?  To  the  laws 
of  nations, — laws  having  no  settled  foundation,  undergo- 
ing constant  change,  affording  no  certain  rule,  and  which 
ought  to  have  no  influence  on  the  government  of  this  state 
or  upon  the  people.  The  war  was  unjust,  admitted  by 
the  enemy  to  be  unjust.  By  an  unjust  war,  the  unjust 
party  acquires  no  rights,  for  no  rights  can  be  derived  from 
an  injury.  It  was  not  a  solemn  war,  and  therefore  con- 
ferred no  rights  upon  the  captor.  Nor  was  that  court  to 
be  controlled  by  the  treaty.  New- York  was  a  sovereign, 
independent  state.  Congress  had  no  right  to  bind  the 
state  in  this  matter ;  it  was  interfering  with  its  internal 
police.  Can  they  by  treaty  give  away  the  rights  of  its 
citizens  ?  A  case  like  this  had  never  before  been  heard 
of  It  was  without  a  precedent,  and  stood  upon  the  sta- 
tute. 

Hamilton  felt  the  advantageous  position  of  his  oppo- 
nent. He  passed  by  the  immediate  parties  to  the  suit,  and 
spoke  to  the  question.  In  a  brilliant  exordium,*  he  dila- 
ted on  its  importance  in  all  its  various  aspects  ;  declared 
that  the  decision  might  aflfect  all  the  relations  of  two  great 
empires,  might  be  discussed  in  Europe,  and  might  produce, 

*  The  outline  of  this  speech  is  framed  from  an  extended  brief,  giving  all 
the  points  of  the  argument  and  the  authorities. 


14  THE   KEPUBLIO.  [1783. 

according  to  the  issue,  a  good  or  bad  impression  of  our 
country.  It  would  establish  precedents  that  might  give  a 
complexion  to  future  decisions,  would  remain  a  record  of 
the  spirit  of  our  courts,  and  would  be  handed  down  to 
posterity  as  indicating  the  character  of  our  jurisprudence. 
It  was  a  question  of  a  most  comprehensive  nature ;  its 
merits  include  all  the  principles  which  govern  the  inter- 
course between  nations.  Heretofore  our  courts  have 
seemed  to  consider  themselves  in  an  inferior  light ;  their 
decisions  must  hereafter  form  precedents. 

Having  thus  appealed  to  the  pride  of  the  court,  he  pro- 
ceeded : — "  We  are  told  there  is  no  precedent.  Then,  in- 
deed, it  is  a  new  case,  and  a  new  case  must  be  determined 
by  the  law  of  nature  and  the  public  good.  Where  the 
law  is  silent,  the  judge  speaks ;  and  the  most  ancient  au- 
thority states  that  in  England  cases  were  adjudged  accord- 
ing to  equity,  before  the  customs  of  the  realm  were  writ- 
ten and  made  certain.  This  question  must  be  decided  by 
the  laws  of  nations.  But  what,  it  is  asked,  are  the  laws  of 
nations?  Where  are  they  to  be  found? — They  are  the 
deductions  of  reason,  to  be  collected  from  the  principles 
laid  down  by  writers  on  the  subject  and  established  by 
the  authorized  practice  of  nations,  and  are  a  part  of  the 
law  of  the  land.  The  laws  of  nations  and  the  laws  of 
war  are  part  of  the  common  law." 

He  then  stated  the  two  great  divisions  of  the  laws  of 
nations.  The  natural,  necessary,  or  internal,  universally 
binding  on  the  conscience  of  nations ;  but  in  its  external 
obligations,  controlled  by  the  positive  or  voluntary  law 
for  the  good  of  mankind,  which  is  equally  obligatory,  and 
is  enjoined  by  the  natural  law. 

By  the  necessary  law,  the  party  making  an  unjust  war 
acquires  no  rights,*  and  is  bound  to  make  reparation  for  all 
damages.  By  the  voluntary  law — ^which  may  be  defined, 
that  system  of  rules  which  grow  out  of  the  independence 


.Et.  26.1  HAMILTON.  15 

of  distinct  political  associations,  qualifying  their  natural 
rights  as  individuals — both  parties  have  equal  rights,  hav- 
ing no  common  judge ;  and  the  effects  of  a  war  on  both 
sides,  are  the  same. 

These  effects  are  principally  impunity,  the  acquisition 
of  property ;  a  rule  established  to  promote  the  general 
peace  of  mankind,  by  removing  discussions  about  the  jus- 
tice of  the  v^ar,  and  the  proportion  of  the  damages  to  the 
injury  and  the  security  of  purchasers,  especially  neutrals. 

But  it  is  objected,  this  was  not  a  solemn  war.  The  ap- 
proved practice  of  nations  is  against  this  objection.  But 
it  was  a  solemn  war.  Formalities  are  arbitrary — an  act 
of  parhament  authorized  hostihties.  The  declaration  of 
independence  speaks  of  an  open  war  subsisting.  Congress 
formally  authorized  our  citizens  to  cruise.  It  has  been 
said  that  the  state  of  New- York  has  no  common  law  of 
nations.  The  answer  is,  that  law  results  from  the  relations 
of  universal  society — that  our  constitution  admits  the 
common  law,  of  which  the  law  of  nations  is  a  part — and 
that  the  United  States  direct  our  foreign  intercourse,  and 
have  expressly  become  parties  to  the  law  of  nations.  What 
are  the  effects  of  a  war  ?  The  general  proposition  is,  that 
movable  goods  belong  to  the  captor  forever,  as  soon  as 
the  battle  is  over ;  the  fruits  of  immovables,  while  they  are 
in  possession.  Other  rules  have  been  laid  down  with  re- 
spect to  movables  ;  but  the  true  rule  is,  the  battle  being 
over.  The  ancient  precedents  of  pleading  are  not  that 
the  prize  remained  a  night  with  the  enemy,  but  that  it  was 
gained  by  battle  of  the  enemy ;  and  pleading  is  the  touch- 
stone of  the  law.  The  common  law  carries  the  rights  of 
war  so  far  as  to  give  property  in  a  prisoner,  and  an  action 
of  trespass  for  taking  him  away.  Hence,  we  see  the  com- 
mon law  not  only  adopts  the  law  of  nations  in  its  full  ex- 
tent as  a  general  doctrine,  but  particular  adjudications 
recognise  the  operation  of  capture. 


16  THE  REPUBLIC.  [1783. 

The  second  branch  of  the  discussion  related  to  the  effect 
of  the  treaty  of  peace,  and  tended  to  show  that  this  action 
could  not  be  maintained  without  a  violation  of  the  treaty ; 
every  treaty  of  peace  including  an  amnesty,  which  is  of 
its  very  essence,  between  private  persons  as  well  as  the 
contending  publics.  To  the  objection,  that  congress  had 
no  right  to  bind  the  state,  that  it  was  meddling  with  its  in- 
ternal police,  he  replied,  that  on  that  construction,  "  the 
confederation  was  the  shadow  of  a  shade  ;"  but  that  con- 
gress had  an  unquestionable  right ;  that  "  the  sovereignty 
and  independence  of  the  people  began  by  a  federal  act ; 
that  our  external  sovereignty  is  only  known  in  the  union — 
that  foreign  nations  only  recognise  it  in  the  union  ;  that  the 
declaration  of  independence  was  the  fundamental  consti- 
tution of  every  state,  all  of  which  was  acceded  to  by  the 
convention  of  New- York,  which  does  not  pretend  to  au- 
thenticate the  act,  but  only  to  give  their  approbation  to  it :" 
that  hence  it  followed, "  that  congress  had  complete  sover- 
eignty ;  that  the  union  was  known  and  legahzed  in  the 
constitution  of  New- York  previous  to  the  confederation, 
and  that  the  first  act  of  the  state  government  adopted  it  as 
a  fundamental  law ;  from  which  reflections,"  he  says,  "  we 
are  taught  to  respect  the  sovereignty  of  the  union,  and  to 
consider  its  constitutional  powers  as  not  controllable  by 
any  state." 

The  confederation  is  an  abridgment  of  those  powers ; 
but,  mutilating  as  it  is,  it  leaves  congress  the  full  and  ex- 
clusive powers  of  war,  peace,  and  treaty.  The  power  of 
making  peace,  is  the  power  of  determining  its  conditions. 
It  is  a  rule  of  reason  and  law,  that  to  whomsoever  any 
thing  is  granted,  that  also  is  granted  without  which  it  can- 
not exist.  If  congress  have  not  a  power  to  adjust  an 
equivalent  for  damages  sustained,  and  remit  the  rest,  they 
have  no  power  to  make  peace.     It  is  true  that  this  power 


i^T.  26.]  HAMILTON.  17 

does  not  permit  the  making  all  possible  conditions, — such 
as  dismembering  the  empire,  or  surrendering  the  liberties 
of  the  people ;  but  it  includes  the  power  of  making  all  rea- 
sonable and  usual  conditions — such  is  a  remission  of  dam- 
ages,— for  without  it  the  state  of  war  continues. 

But  it  may  be  asked,  how  can  congress,  by  treaty,  give 
away  the  rights  of  citizens  of  New- York  ?  To  this  I  an- 
swer— First,  that  the  citizens  of  New- York  gave  them 
power  to  do  it  for  their  own  safety — Secondly,  that  the 
power  results  from  this  principle  of  all  governments :  that 
the  property  of  all  the  individuals  of  a  state  is  the  property 
of  the  state  itself,  in  regard  to  other  nations.  Hence,  an 
injury  from  the  government  gives  a  right  to  take  away,  in 
war,  the  property  of  its  innocent  subjects.  Hence,  also, 
the  claim  of  damages  for  injuries  done  is  in  the  public,  who 
may  agree  for  an  equivalent,  or  release  the  claim  without 
it;  and,  our  external  sovereignty  existing  in  the  union, 
the  property  of  all  the  citizens,  in  regard  to  foreign  states, 
belongs  to  the  United  States,  as  a  consequence  of  what  is 
called  the  eminent  domain.  Hence,  to  make  the  defend- 
ant answerable,  would  be  a  breach  of  the  treaty  of  peace. 
It  would  be  a  breach,  also,  of  the  confederation.  Con- 
gress have  the  exclusive  right  of  war  and  peace.  Congress 
have  made  a  treaty  of  peace,  pursuant  to  their  power ;  a 
breach  of  the  treaty  is  a  violation  of  their  constitutional 
authority,  and  a  breach  of  the  confederation.  The  power 
of  congress  in  making  treaties,  is  of  a  legislative  kind : 
their  proclamation  enjoining  the  observance  of  it  is  a  law, 
and  a  law  paramount  to  that  of  any  particular  state.  But 
it  is  said, "  the  sovereign  authority  may,  for  reasons  of  state, 
violate  its  treaties,  and  the  laws  in  violation  of  them  bind 
its  own  subjects.  This  allegation  goes  on  bold  ground, 
that  the  legislature  intended  to  violate  the  treaty.  But  I 
aver  that  in  our  constitution  it  is  not  true  that  the  sover- 
VoL.  III.— 2 


18  THE   REPUBLIC.  [1783. 

eignty  of  any  one  state  has  legally  this  power.  Eacn  state 
has  delegated  all  power  of  this  kind  to  congress.  They 
are  equally  to  judge  of  the  necessity  of  breaking,  as  of  the 
propriety  of  making,  treaties." 

"  The  legislature  of  any  one  state  has  nothing  to  do  with 
what  are  called  *  reasons  of  state.'  We  might  as  well  say 
a  particular  county  has  a  right  to  alter  the  laws  of  the  state, 
as  a  particular  state  the  laws  of  the  confederation.  It  has 
been  said,  and  it  may  be  said  again,  that  the  legislature 
may  alter  the  laws  of  nations.  But  this  is  not  true  in  the- 
ory, nor  is  it  constitutional  in  our  government ;  for  con- 
gress have  the  exclusive  direction  of  our  foreign  affairs,  and 
of  all  matters  relating  to  the  law  of  nations.  No  single 
state  has  any  legal  jurisdiction  to  alter  them. 

"  It  may  again  be  said,  that  the  accession  to  the  confed- 
eration was  an  act  of  our  legislature.  Why  may  not  an- 
other act  alter  or  dissolve  it  ?  I  answer,  it  is  not  true  ;  for 
the  union  is  known  in  our  constitution  as  pre-existing. 
The  act  of  confederation  is  a  modification  and  abridgment 
of  federal  authority  by  the  original  compact. 

"  But  if  this  were  not  the  case,  the  reasoning  would  not 
apply.  For  this  government,  in  acceding  to  the  confeder- 
ation, is  to  be  considered,  not  as  a  sovereign  enacting  a  law, 
but  as  a  party  to  a  contract ;  as  a  member  of  a  more  ex- 
tensive community  agreeing  to  a  constitution  of  govern- 
ment. It  is  absurd  to  say,  one  of  the  parties  to  a  contract 
may,  at  pleasure,  alter  it  without  the  consent  of  the  others. 
It  will  not  be  denied  that  a  part  of  an  empire  may,  in  cer- 
tain cases,  dismember  itself  from  the  rest.  But  this  sup- 
poses a  dissolution  of  the  original  compact.  While  the 
confederation  exists,  a  law  of  a  particular  state  derogating 
from  its  constitutional  authority  is  no  law.  But  how,  you 
ask,  are  the  judges  to  decide  ?  they  are  servants  of  the 
state.    I  answer,  the   confederation  vesting  no  judicial 


^T.-26.]  HAMILTON.  19 

powers  in  congress,  excepting  in  prize  causes,  in  all  other 
matters  the  judges  of  each  state  must  of  necessity  be  judges 
of  the  United  States,  and  they  must  take  notice  of  the  law 
of  congress  as  a  part  of  the  law  of  the  land.  For  it  must 
be  conceded,  that  the  legislature  of  one  state  cannot  repeal 
a  law  of  the  United  States. 

"  What  is  to  be  done  in  such  a  case  ?  It  is  a  rule  of  law, 
that  when  there  are  two  laws,  one  not  repealing  the  other, 
expressly  or  virtually,  the  judges  must  construe  them  so  as 
to  make  them  stand  together.  That  golden  rule  of  the 
Roman  orator  may  be  applied :  '  Primum  igitur  leges 
oportet  contendere  considerando  utra  lex  ad  majores,  hoc 
est  ad  utiliores,  ad  honestiores  ac  magis  necessarias  res  perti- 
nent. Ex  quo  conficiscitur  utsi  leges  duae  aut  si  plures  aut 
quotcunque  erunt  conservari  non  possint  quia  discrepent 
inter  se,  ea  maxime  conservanda  putetur  quae  ad  maxi- 
mas  res  pertinere  videntur'  —  'Where  two  or  more  laws 
clash,  that  which  relates  to  the  most  important  concerns 
ought  to  prevail.' 

"  Many  of  these  arguments  are  on  the  supposition,  that 
the  trespass  act  cannot  stand  with  the  laws  of  nations  and 
the  treaty.  It  may,  however,  legally  receive  such  a  con- 
struction as  will  stand  with  all ;  and  to  give  it  this  con- 
struction is  precisely  the  duty  of  the  court.  We  have  seen 
that  to  make  the  defendant  liable,  would  be  to  violate  the 
laws  of  nations,  and  forfeit  our  character  as  a  civilized 
people  ;  to  violate  a  solemn  treaty  of  peace,  and  revive  the 
state  of  hostility ;  to  infringe  the  confederation  of  the  United 
States,  and  to  endanger  the  peace  of  the  whole.  Can  we 
suppose  all  this  to  have  been  intended  by  the  legislature  ? 
The  answer  is, '  the  law  cannot  suppose  it :  if  it  were  in- 
tended, the  act  is  void.' " 

He  then  proceeded  to  state  rules  for  the  construction  of 
statutes,  which  rendered  this  extremity  unnecessaiy,  quo- 


20  THE    REPUBLIC.  [1783 

ting  the  observation  of  Cato,  "  Leges  enim  ipsae  cupiunt 
ut  jure  regantur." 

The  argument  extended  to  an  examination  of  the  juris- 
diction of  the  court,  and  to  a  minute  investigation  of  the 
distinctions  to  be  taken  betw^een  citizens  and  British  sub- 
jects, claiming  the  protection  of  the  law  of  nations.  It 
closed  with  a  strong  exposure  of  the  criminality  of  the 
procedure,  and  with  a  vehement  exhortation  to  preserve 
the  confederation  and  the  national  faith ;  quoting  the 
beautiful  apothegm  of  Seneca,  "  Fides  sanctificissimum  hu- 
mani  pectoris  bonum  est." 

Amidst  all  the  refinements  which  have  been  resorted  to 
in  order  to  impair  the  powers  of  the  constitution,  and  to 
construe  it  as  a  compact  of  states,  revocable  at  the  will  of 
either  of  the  contracting  parties,  it  is  deeply  interesting 
to  advert  to  this  early  exposition  of  the  true  principles  of 
the  American  union. — An  union  formed  indeed  by  com- 
pact, but  by  a  compact  between  the  people  of  these 
colonies  with  every  individual  colonist  before  the  ex- 
istence of  states  ;  recognised  by  the  people  of  each 
state,  in  their  state  constitutions  ;  confirmed  by  them 
as  states,  in  the  articles  of  confederation  ;  and  sub- 
sequently "perfected"  in  a  constitution  ordained  and 
established  by  the  people  "  for  the  United  States  of 
America." 

The  result  of  this  argument  was  a  triumph  of  right  over 
usurpation.  The  decision  indicates  the  difficulties  with 
which  the  defendant  contended  ;  but  the  force  of  the 
treaty  to  overrule  the  inhibition  against  pleading  a  milita- 
ry order,  was  admitted.  The  court  also  declared — "  Our 
union,  as  has  been  properly  observed,  is  known,  and  le- 
galized in  our  constitution,  and  adopted  as  a  fundamental 
law  in  the  first  act  of  our  legislature.  The  federal  com- 
pact hath  vested  congress  with  full  and  exclusive  powers 


^T.  26.]  HAMILTON.  21 

to  make  peace  and  war.  This  treaty  they  have  made 
and  ratified,  and  rendered  its  obhgation  perpetual ;  and 
we  are  clearly  of  opinion,  that  no  state  in  this  union  can 
alter  or  abridge,  in  a  single  point,  the  federal  articles  or 
the  treaty." 

This  decision  is  the  more  meritorious,  because  made  by 
judges  holding  by  a  temporary  tenure,  soon  after  the  ses- 
sion of  a  legislature  which  had  shown  a  fixed  purpose  to 
persevere  in  their  odious  and  impolitic  violence. 

A  few  days  after  this  judgment  was  rendered,  a  large 
public  meeting  was  convened,*  and  an  address  to  the  peo- 
ple of  the  state  was  passed.  This  address,f  after  remark- 
ing on  "  the  immense  ability  and  learning"  of  the  argu- 
ment, exhorted  the  people,  in  their  choice  of  senators,  to 
elect  men  who  would  spurn  any  proposition  that  had  a 
tendency  to  curtail  the  privileges  of  the  people,  and  who 
would  protect  them  from  judicial  tyranny.  "  Having  con- 
fined themselves,"  it  stated,  "to  constitutional  measures, 
and  disapproving  all  others,  they  were  free  in  sounding 
the  alarm.  If  their  independence  was  worth  contending 
for  against  a  powerful  and  enraged  monarch,  and  at  the 
expense  of  the  best  blood  of  America,  surely  its  preserva- 
tion was  worth  contending  for  against  those  among  our- 
selves who  might  impiously  hope  to  build  their  greatness 
upon  the  ruins  of  that  fabric  which  was  so  dearly  estab- 
lished." 

The  legislature  assembled  soon  after  this  meeting. 
Without  waiting  the  result  of  an  appeal,  which  the  consti- 
tution secured,  this  decision,  made  in  due  form  of  law,  and 
with  unimpeached  fairness,  was  brought  before  the  assem- 
bly.   Resolutions  were  passed,  declaring  it  to  be  subversive 


•  Sept.  13th,  1784. 

t  It  ^'s  related  to  have  been  from  the  pen  of  Melancton  Smith. 


22  THE   REPUBLIC.  [1783. 

of  all  law  and  good  order,  and  the  Council  of  Appoint- 
ment were  recommended,  at  their  next  session,  "  to  ap- 
point such  persons  Mayor  and  Recorder  of  New  York,  as 
will  govern  themselves  by  the  known  law  of  the  land." 

Judgments  of  courts  ought  to  be  the  voice  of  the  rea- 
son, of  the  virtue,  of  the  justice  of  communities  ;  and  when 
such,  they  are  the  great  landmarks  and  bulwarks  of  na- 
tions, rising  far  above  the  drifts  and  surges  of  temporary 
popular  feeling.  Such  this  was.  And  it  was  the  first 
lofty  stand  taken  in  this  country  to  carry  into  effect  the 
policy  Hamilton  had  recently  reported  to  Congress,  urg- 
ing "  that  spirit  of  moderation  and  liberality  which  ought 
ever  to  characterize  the  deliberations  and  measures  of  a 
free  and  enlightened  nation,"  in  support  of  which,  as  has 
been  stated,  he  stood  alone.* 

*  This  homage  is  paid  him  by  a  personal  enemy.  "■  The  New  York  dele- 
gate, Colonel  Hamilton,  one  of  the  Committee,  distinguished  himself  by  his 
firmness  and  consistency  in  giving  it  his  single  negative  " — the  motion  to  com- 
mit, instead  of  adopting  and  publishing  the  report. — Gordon's  "  American  Revo- 
lution" iii.  376 — 22  to  1  negative. 


CHAPTER    XXXVIII. 

The  ability  displayed  by  Hamilton  on  this  occasion, 
his  liberal  views  and  distinguished  probity,  gathered 
around  him  the  enthusiastic  confidence  and  affection  of 
the  better  part  of  his  fellow-citizens  ;  and  at  a  time  when 
the  judicial  character  of  the  State  was  to  be  formed,  and, 
from  the  disturbed  situation  of  the  community,  profes- 
sional trusts  were  of  the  most  important  and  extensive  in- 
fluence, he  was  foremost  in  endeavouring  to  secure  to  the 
laws  an  honest  and  enlightened  administration. 

This  was  not  an  easy  task.  The  general  relaxation  of 
morals,  an  usual  and  most  lamentable  concomitant  of  war, 
was  attended  with  a  prevailing  disregard  of,  and  dispo- 
sition to  question,  the  decisions  of  the  courts.  In  the  po- 
litical speculations  to  which  the  revolution  had  given  rise, 
the  sovereignty  of  the  popular  will,  which  was  recognised 
as  the  basis  of  every  proceeding,  was  pushed  to  the  utmost 
extremes  in  its  application ;  and  wherever  the  operations 


24:  THE   REPUBLIC.  [1V83. 

of  the  laws  bore  hard,  in  the  then  unsettled  relations  of 
society,  to  recur  to  the  elementary  principles  of  govern- 
ment, and  resolve  every  rule  by  its  apparent  adaptation  to 
individual  convenience,  was  the  prevailing  tendency  of 
public  opinion.  The  course  of  the  contest,  the  means  by 
which  it  had  been  conducted,  the  extravagant  schemes  it 
had  engendered,  gave  every  citizen  a  strong  personal  in- 
terest in  its  results,  and,  long  before  its  termination,  had 
divided  the  population  into  the  opposite  and  hostile  classes 
of  debtors  and  creditors ;  each  of  which  being  compelled 
to  unite,  either  for  the  common  purpose  of  delaying  or 
enforcing  justice,  acquired  the  dangerous,  disorganizing, 
and  formidable  character  of  an  intestine  party. 

The  laxity  of  the  national  faith,  as  it  sprung  from,  also 
confirmed  this  distinction.  The  loose  opinions  which  had 
gradually  led  on  to  an  unjust  discrimination  between  the 
public  creditors  of  different  descriptions,  soon  took  posses- 
sion of  the  popular  mind,  induced  preferences  equally  un- 
just in  private  affairs,  and  ultimately  prostrated  all  respect 
for  the  obligations  of  contracts,  and  for  the  tribunals  by 
which  they  were  to  be  expounded  and  enforced.  This 
lawless  spirit  which  pervaded  the  country,  was  principally 
shown  in  questions  growing  out  of  the  claims  of  two 
classes  of  creditors,  whose  situation,  though  totally  differ- 
ent, it  was  sought  to  confound, — those  of  British  mer- 
chants, for  debts  incurred  previous  to  the  revolution,  and 
the  claims  of  the  tories,  either  for  money  due  to  them,  or 
for  lands  of  which  possession  had  been  taken  as  enemies' 
property. 

The  animosity  natural  to  the  combatants  in  a  civil 
conflict ;  the  enormities  committed  by  the  refugees,  when 
the  scale  of  war  seemed  to  incline  in  their  favour,  or  where 
they  could  continue  their  molestations  with  impunity  ;  the 
harassing  inroads  and  depredations  which  they  had  made 


^T.  26.J  HAMILTON.  25 

on  private  property,  and  on  the  persons  of  non-combat- 
ants, and  the  harsh  and  cruel  councils  of  which  they  were 
too  often  the  authors,  appeared  to  the  people  at  large  to 
sanction  every  species  of  retaliation,  and  to  place  the  tories 
beyond  the  pale  of  humanity. 

This  was  merely  the  popular  feeling.  The  govern- 
ments of  the  United  States,  and  of  the  individual  states, 
with  few  exceptions,  resisted  these  attempts,  and  sought 
to  instil  a  spirit  of  moderation  and  forbearance,  becoming 
the  victorious  party.  In  the  progress  of  the  conflict,  and 
particularly  in  its  earliest  periods,  attainder  and  confisca- 
tion had  been  resorted  to  generally,  throughout  the  con- 
tinent, as  a  means  of  war.  But  it  is  a  fact  important  to 
the  history  of  the  revolting  colonies,  that  the  acts  pre- 
scribing penalties,  usually  offered  to  the  persons  against 
whom  they  were  directed  the  option  of  avoiding  them,  by 
acknowledging  their  allegiance  to  the  existing  govern- 
ments. 

It  was  a  preventive,  not  a  vindictive  policy.  In  the 
same  humane  spirit,  as  the  contest  approached  its  close, 
and  the  necessity  of  these  severities  diminished,  many  of 
the  states  passed  laws  offering  pardons  to  those  who  had 
been  disfranchised,  and  restoring  them  to  the  enjoyment 
of  their  property ;  with  such  restrictions  only  as  were 
necessary  for  the  protection  of  their  own  citizens.  In 
others,  different  councils  unfortunately  prevailed.  In  New- 
Jersey,  meetings  were  held  urging  a  non-compliance  with 
the  treaty,  in  consequence  of  the  non-fulfilment  by  Eng- 
land of  the  seventh  article,  stipulating  the  return  of  the 
negroes  and  the  restoration  of  the  posts. 

In  Virginia,*  the  house  of  delegates  resolved,!  "  That 

■  *  Almon's  Remembrancer,  p.  92,  v.  10,  2d  part, 

t  December  17th,  1782. 


26  THE    REPUBLIC.  [1783 

confiscation  laws,  being  founded  on  legal  principles,  were 
strongly  dictated  by  that  principle  of  common  justice 
which  demands  that  if  virtuous  citizens,  in  defence  of 
their  natural  rights,  risk  their  life,  liberty,  and  property  on 
their  success ;  vicious  citizens,  who  side  with  tyranny  and 
oppression,  or  cloak  themselves  under  the  mask  of  neu- 
trahty,  should  at  least  hazard  their  property,  and  not  enjoy 
the  labours  and  dangers  of  those  whose  destruction  they 
wished.  And  it  was  unanimously  declared,  that  all  de- 
mands and  requests  of  the  British  court  for  the  restitution 
of  property  confiscated  by  this  state,  being  neither  sup- 
ported by  law,  equity,  or  policy,  are  wholly  inadmissible ; 
and  that  our  delegates  be  instructed  to  move  congress  that 
they  may  direct  their  delegates,  who  shall  represent  these 
states  in  a  general  congress  for  adjusting  a  peace  or  truce, 
neither  to  agree  to  any  such  restitution,  nor  submit  that 
the  laws  made  by  any  independent  state  of  this  union,  be 
subject  to  the  adjudication  of  any  power  or  powers  on 
earth." 

A  proclamation  was  subsequently  issued  by  its  gov- 
ernor, enjoining  all  those  who  had  adhered  to  the  enemy 
since  the  nineteenth  April,  seventeen  hundred  and  seventy- 
five,  or  had  been  expelled  by  an  act  of  the  legislature,  or 
who  had  borne  arms  against  the  commonwealth,  to  leave 
the  state.  And  an  address  from  the  county  of  Caroline 
was  presented  to  the  legislature,  stating,  "  they  see  the  im- 
policy, injustice,  and  oppression  of  paying  British  debts !  " 

In  Massachusetts,  a  committee  of  the  legislature  of 
which  Samuel  Adams  was  chairman,  reported  that  no  per- 
son who  had  borne  arms  against  the  United  States,  or  lent 
money  to  the  enemy  to  carry  on  the  war,  should  ever  be 
permitted  to  return  to  the  state.*     Resolutions  of  an  in- 

*  Report  on  the  files  of  the  general  court  of  Massachusetts,  March  16th, 
1784. 


^T.  26.J  HAMILTON.  2Y 

temperate  character  were  also  brought  forward  at  public 
meetings  in  Maryland ;  and  a  bill  containing  many  objec- 
tionable features  was  introduced  in  the  popular  branch  of 
its  legislature,  but  it  was  resisted  with  great  eloquence, 
admirable  sense,  and  unyielding  firmness  in  the  senate  by 
two  respected  individuals,  Charles  Carroll  and  Robert 
Goldsborough,  and  was  essentially  modified. 

In  New- York,  the  division  of  public  sentiment  at  the 
opening  of  the  revolution  being  very  great,  each  party 
viewed  the  other  with  the  most  jealous  eyes,  and  felt  more 
seriously  the  importance  of  individual  exertions.  The  first 
act  of  hostility  invited  retaliation.  Instead  of  looking  to 
general  results,  the  people  of  that  state  were  driven  to 
desperation  by  their  continued  uncertainty  and  alarm 
from  dangers  which  menaced  their  double  frontier. 

The  laws  which  were  passed  for  their  protection,  for 
the  apprehension  of  persons  of  "equivocal  character," 
early  in  the  warfare,  were  soon  followed  by  the  establish- 
ment of  a  board  of  commissioners  of  sequestration.  An 
institution  which,  though  at  first  confided  to  safe  hands, 
was  unavoidably  entrusted  with  powers  that  naturally 
led  to  abuse,  and  ultimately  became  the  organ  of  many 
harsh  and  oppressive  proceedings. 

Civil  discord  striking  at  the  root  of  each  social  relation, 
furnished  pretexts  for  the  indulgence  of  malignant  pas- 
sions ;  and  the  public  good,  that  oft-abused  pretext,  was 
interposed  as  a  shield  to  cover  oflfences  which  there  were 
no  laws  to  restrain. 

The  frequency  of  abuse,  created  a  party  interested 
both  in  its  continuance  and  exemption  from  punishment, 
which  at  last  became  so  strong,  that  it  rendered  the  legis- 
lature of  the  state  subservient  to  its  views,  and  induced 
the  enactment  of  laws  attainting  almost  every  individual 
whose  connections  subjected  him  to  suspicion,  who  had 


28  THE   EEPUBLIO.  [1783. 

been  quiescent,  or  whose  possessions  were  large  enough 
to  promise  a  reward  to  this  criminal  cupidity. 

It  must  not  be  supposed  that  these  attempts  were  un- 
resisted. On  the  contrary,  those  who  were  most  efficient 
in  their  support  of  the  revolution — those  who  had  incurred 
the  greatest  losses — some  of  those  to  whom  the  contest  had 
offered  few  other  fruits  than  an  uninterrupted  sacrifice 
of  feeling  and  property,  and  who  might  with  much  plausi- 
bility have  thus  reimbursed  themselves — made  a  steady 
resistance  to  these  arbitrary  edicts  ;  and  when  it  was  at 
last  found  to  be  unavailing,  by  appearing  to  unite  in  the 
measures  of  persecution,  and  by  including  in  the  number 
of  the  attainted  the  names  of  those  whose  proscription 
threatened  to  affect  the  personal  interest  of  the  most 
violent,  showed  them  the  danger  of  this  game  of  intoler- 
ance. 

These  proceedings  only  exasperated  the  passions  of 
the  populace,  and  soon  after  the  intelligence  of  peace,  tu- 
multuous meetings  were  convened  under  the  thus  dis- 
graced name  of  "  the  sons  of  liberty,"  to  denounce  the 
tories,  to  menace  them  from  returning  to  claim  their 
estates,  and  to  remonstrate  with  the  legislature  again^ 
measures  that  could  affect  titles  by  confiscation. 

By  the  existing  laws  the  annual  election  took  place  in 
the  spring,  but  as  the  legislature  was  convened  to  meet  in 
January,  a  proclamation  was  issued  by  the  Governor,  ap- 
pointing a  special  election  for  the  city  of  New  York.  At 
this  election,  held  a  few  weeks  after  its  evacuation,  the 
members  were  chosen  by  a  small  part*  of  its  excited 
population.  They  partook  strongly  of  its  feelings.  The 
proscribed  citizens  petitioned  for  permission  to  return  to 
their  residences.    This  was  a  moment  which  magnanimity 

.  *  Tho  hiffhest  vote  was  249. 


^:h.  A. 


Mt.26.]  HAMILTON. 

would  have  embraced  to  shield  the  defenceless,  but  Clin- 
ton, in  his  opening  speech  to  the  legislature,  threw  all  the 
weight  of  his  powerful  influence  into  the  popular  scale. 
"  While,"  he  said,  "  we  recollect  the  general  progress  of  a 
war  which  has  been  marked  with  cruelty  and  rapine — 
while  we  survey  the  ruins  of  this  once  flourishing  city  and 
its  vicinity — while  we  sympathise  in  the  calamities  which 
have  reduced  so  many  of  our  virtuous  fellow-citizens  to 
want  and  distress,  and  are  anxiously  solicitous  to  repair 
the  wastes  and  misfortunes  we  lament,"  we  cannot  listen 
to  these  petitions. 

The  action  of  the  legislature  was  in  conformity  with 
this  unfeeling  declaration.  A  petition  being  presented, 
the  leading  friend  *  of  the  Governor  in  the  assembly  im- 
mediately moved  that  it  be  laid  upon  the  table,  and  on  an 
amendment  to  refer  it,  eight  of  the  nine  f  members  from 
the  city  voted  against  the  reference.  Two  bills  followed, 
both  originating  in  the  Senate.  One  was  entitled,  "  An 
Act  declaring  a  certain  description  of  persons  without  the 
protection  of  the  laws  of  this  State,  and  for  other  purposes 
therein  mentioned."  On  its  being  considered,  a  member 
of  the  Senate,  a  violent  noted  partisan  of  Clinton,:!:  moved 
an  amendment,  prescribing  a  test  oath,  which,  though  op- 
posed by  Schuyler  and  five  other  senators,  was  incorporated 
in  the  Act.  It  disfranchised  the  loyalists  for  ever.  The 
council  of  revision  rejected  this  violent  bill,  on  the  grounds 
that  "  the  voluntary  remaining  in  a  country  overrun  by 
the  enemy,"  an  act  "  perfectly  innocent,"  was  made  penal, 
and  was  retrospective  ;  "  contrary  to  the  received  opinions 
of  all  civihzed  nations,  and  even  the  known  principles  of 


*  Colonel  Lamb. 

t  Colonel  Rutgers  was  absent.    Journal  of  Assembly,  Feb.  4,  1784. 

X  Abraham  Yates,  jr. 


80  THE   EEPUBLIO.  [1788. 

common  justice  ;  and  was  highly  derogatory  to  the  honor 
of  the  State  ;  that  it  was  totally  inconsistent  with  the  pub- 
lic good,  for  so  large  a  proportion  of  the  citizens  remained 
m  the  '  region '  possessed  by  the  British  armies,  that  in 
most  places  it  would  be  difficult,  in  many  absolutely  im- 
possible, to  find  men  to  fill  the  necessary  offices,  even  for 
conducting  elections,  until  a  new  set  of  inhabitants  could 
be  procured" — that  it  was  " directly  in  the  face  of  the 
treaty,"  and  instituted  "  a  new  court "  in  express  violation 
of  the  constitution  of  the  state.  The  act,  nevertheless, 
passed  by  the  votes  of  more  than  two-thirds  of  the  mem- 
bers, under  the  specious  title  of  "  An  Act  to  preserve  the 
Freedom  and  Independence  of  the  State." 

The  other  bill  was  "  An  Act  for  the  speedy  Sale  of 
Confiscated  Estates,"  which,  though  also  objected  to 
by  the  Council  of  Revision,  became  a  law  on  the  same 
day. 

Hamilton  remarked,  as  to  this  test  act,  "  A  share  in  the 
sovereignty  of  the  State,  which  is  exercised  by  the  citizens 
at  large  in  voting  at  elections,  is  one  of  the  most  important 
rights  of  the  subject,  and  in  a  republic  ought  to  stand 
foremost  in  the  estimation  of  the  law.  It  is  that  right  by 
which  we  exist  a  free  people ;  and  it  certainly  therefore 
will  never  be  admitted,  that  less  ceremony  ought  to  be 
used  in  divesting  any  citizen  of  that  right,  than  in  depriv- 
ing him  of  his  property.  Such  a  doctrine  would  ill  suit 
the  principles  of  the  revolution,  which  taught  the  inhab- 
itants of  this  country  to  risk  their  lives  and  fortunes  in 
asserting  their  liberty,  or,  in  other  words,  their  right  to 
a  share  in  the  government."  He  cautioned  against  "  pre- 
cedents which  may  in  their  consequences  render  our  title 
to  this  great  privilege  precarious."  Resolutions  were  also 
introduced — one,  calling  on  the  governors  of  the  States  to 
interchange  lists  of  the  banished  persons  in  order,  as  was 


^T.  26.]  HAMILTON.  31 

professed,  that  the  principles  of  the  Federal  union  might 
be  adhered  to  and  preserved  ;  another,  that  notwithstand- 
ing the  recommendation  of  congress,  they  could  not  com- 
ply with  the  fifth  article  of  the  treaty.  A  memorial  of 
one  of  these  nine  representatives  of  New  York  for  a  grant 
of  a  large  body  of  land  by  the  commissioners  of  forfeit- 
ure, and  the  fact,  that  another  of  them  acquired  his  wealth 
by  the  purchase  of  confiscated  property  within  that  city, 
explain  the  motives  of  these  arbitrary  procedures.  An 
Act  to  repeal  the  laws  inconsistent  with  the  treaty  was 
also  rejected  by  North  Carolina. 

It  will  be  remarked,  that  through  the  whole  of  these  pro- 
ceedings intolerance  sought  to  conceal  its  deformity  under 
the  mask  of  the  demagogue — a  watchful  solicitude  for  lib- 
erty, and  a  distrust  of  designs  to  effect  a  revolution  in  the 
genius  of  the  government. 

It  is  an  invidious  office  to  accumulate  testimony  of  the 
vitiated  state  of  the  popular  feeling  at  this  time,  and  to 
embody  the  evidence  of  facts  tending  to  impair  the  nation- 
al character,  were  not  a  lesson  to  be  derived  from  them  of 
infinite  value — the  tendency  of  the  state  governments  in 
moments  of  excitement  to  violate  the  admitted  maxims  of 
pubhc  law,  to  disregard  the  most  sacred  obligations,  and 
to  encroach  upon  and  undermine  the  rights  of  individuals, 
and  that  the  only  security  of  the  American  citizen  against 
local  violence  and  usurpation,  is  in  his  national  character, 
and  the  broad  protection  which  a  well-balanced  general 
government  can  alone  give. 

To  show  the  extent  to  which  the  rapacious  spirit  of  the 
times  was  carried,  but  one  more  instance  will  be  adduced. 
It  was  a  proposal  to  confiscate  the  estates  of  "  the  society 
instituted  by  a  charter  from  the  British  government  for 
the  propagation  of  the  gospel  in  foreign  parts,"  in  which 
light  the  British  colonies  and  plantations  were  regarded  in 
that  charter — notwithstanding  the  fifth  and  sixth  articles 


32  THE  KEPUBLIO.  [1783. 

of  the  treaty — notwithstanding  the  pure  and  benevolent 
purposes  of  its  institution — notwithstanding  that  from  its 
very  nature  it  could  not  have  had  any  agency  in  the  war, 
nor  have  become  the  object  of  resentment  and  confisca- 
tion. This  purpose  called  forth  the  indignant  and  deter- 
mined opposition  of  Hamilton.  He  contended  that  a  re- 
gard to  honour,  justice,  and  humanity,  ought  to  be  alone 
sufficient  to  restrain  the  legislature  from  wresting  their 
estates  from  the  hands  of  a  charitable  society  which  had 
committed  no  offence  to  incur  a  forfeiture  ;  and  that 
especially  in  an  hour  of  profound  tranquillity.  That  if 
the  articles  of  the  treaty  had  been  silent  on  the  subject 
of  confiscation,  yet  under  a  general  treaty  of  peace,  it 
being  an  established  maxim  of  the  law  of  nations,  which 
is  a  part  of  the  law  of  the  land,  that  every  such  treaty 
virtually  implies  an  amnesty  for  every  thing  done  du- 
ring the  war,  even  by  an  active  enemy,  that  the  rights 
of  this  society  were  therefore  necessarily  secured ;  and 
that  as  the  exclusive  right  of  making  peace  and  war  be- 
longed to  the  great  federal  head  of  the  nation,  every 
treaty  made  by  their  authority,  was  binding  upon  the 
whole  people,  uncontrollable  by  any  particular  legislature, 
and  that  any  legislative  act  in  violation  of  the  treaty,  was 
illegal  and  void ;  and  that  upon  a  different  construction, 
"  the  confederation,  instead  of  cementing  an  honourable 
union,  would,  with  respect  to  foreign  powers,  be  a  perfidi- 
ous snare,  and  every  treaty  of  peace,  a  solemn  mockery." 
However  desirable  it  may  have  appeared  to  the  mag- 
nanimous part  of  the  community  to  bury  their  resentments 
from  motives  of  benevolence,  it  became  now  apparent  that 
their  efforts  could  no  longer  be  confined  to  mere  persua- 
sion, but  that  the  fears  of  the  considerate  must  be  aroused 
to  a  general  co-operation.  The  effect  of  popular  violence, 
though  steadily  resisted  by  the  American  courts,  was  seen 
strongly  operative  in  the  councils  of  Great  Britain.     The 


MT.2Q.]  HAMILTON.  33 

protection  of  the  tories  had,  during  the  discussions  of  the 
provisional  treaty,  been  a  subject  of  much  anxious  negotia- 
tion. When  she  found  that  the  recommendations  of  con- 
gress were  wholly  disregarded,  England  made  these  pro- 
ceedings a  ground  for  refusing  the  indemnities  for  spolia- 
tions stipulated  by  the  treaty,  and  for  what  was  a  source 
of  more  general  interest  and  alarm,  a  refusal  to  deliver  up 
the  frontier  posts,  which  kept  in  awe  the  whole  interior  of 
the  country.  Hamilton,  who,  as  early  as  the  spring  of 
seventeen  hundred  and  seventy-eight,  had  been  the  open  ad- 
vocate, if  the  revolution  should  be  effected,  of  a  general 
act  of  amnesty  and  oblivion,  could  no  longer  brook  the 
tyranny  of  a  small  number  of  active  demagogues,  the  found- 
ers of  the  democratic  party  in  thp  state  of  New- York. 

He  resolved  to  come  forward  as  a  mediator  between  the 
passions  and  the  true  interests  of  the  people.  With  this 
view,  early  in  the  year  seventeen  hundred  and  eighty-four, 
he  addressed  a  pamphlet  "  to  the  considerate  citizens  of 
New-York  on  the  politics  of  the  times,  in  consequence  of 
the  peace,"  under  the  signature  of  "  phocion." 

This  brief  production,  written  at  a  time  when  the  author 
says  "  he  has  more  inchnation  than  leisure  to  serve  the  peo- 
ple, by  one  who  has  had  too  deep  a  share  in  the  common 
exertions  in  this  revolution  to  be  willing  to  see  its  fruits 
blasted  by  the  violence  of  rash  or  unprincipled  men,  with- 
out at  least  protesting  against  their  designs,"  contains  an 
earnest  appeal  to  the  friends  of  liberty,  and  to  the  true 
whigs,  on  the  enormity  of  the  recent  laws  passed  by  men 
"  bent  upon  mischief,  practising  upon  the  passions  of  the 
people,  and  propagating  the  most  inflammatory  and  perni- 
cious doctrines." 

The  persons  alluded  to,  he  says,  "  pretend  to  appeal  to 
the  spirit  of  whigism,  while  they  endeavour  to  put  in  mo- 
tion all  the  furious  and  dark  passions  of  the  human  mind. 
The  spirit  of  whigism  is  generous,  humane,  beneficent,  and 
Vol.  Ill— 3 


34  THE    EEPUBLIO.  [1783. 

just.  These  men  inculcate  revenge,  cruelty,  persecution, 
and  perfidy.  The  spirit  of  whigism  cherishes  legal  liberty, 
holds  the  rights  of  every  individual  sacred,  condemns  or 
punishes  no  man  without  regular  trial,  and  conviction  of 
some  crime  declared  by  antecedent  laws,  reprobates  equally 
the  punishment  of  the  citizen  by  arbitrary  acts  of  the  le- 
gislature, as  by  the  lawless  combinations  of  unauthorized 
individuals  ;  while  these  men  are  the  advocates  for  expelling 
a  large  number  of  their  fellow-citizens  unheard,  untried ; 
or,  if  they  cannot  effect  this,  are  for  disfranchising  them  in 
the  face  of  the  constitution,  without  the  judgment  of  their 
peers,  and  contrary  to  the  law  of  the  land." 

The  danger  of  this  arbitrary  power,  the  extent  to  which 
it  had  been  abused  by  being  exercised  against  general  de- 
scriptions of  persons,  are  strongly  portrayed.  "  Nothing  is 
more  common,"  Hamilton  observed, "  than  for  a  free  people, 
in  times  of  heat  and  violence,  to  gratify  momentary  pas- 
sions, by  letting  into  the  government  principles  and  prece- 
dents which  afterwards  prove  fatal  to  themselves.  Of 
this  kind  is  the  doctrine  of  disqualification,  disfranchise- 
ment, and  banishment  by  acts  of  the  legislature.  The 
dangerous  consequences  of  this  power  are  manifest.  If 
the  legislature  can  disfranchise  any  number  of  citizens  at 
pleasure  by  general  descriptions,  it  may  soon  confine  al 
the  votes  to  a  small  number  of  partisans,  and  establish  an 
aristocracy  or  an  oligarchy  ;  if  it  may  banish  at  discretion 
all  those  whom  particular  circumstances  render  obnoxious, 
without  hearing  or  trial,  no  man  can  be  safe,  nor  know 
when  he  may  be  the  innocent  victim  of  a  prevailing  fac- 
tion. The  name  of  liberty  applied  to  such  a  government, 
would  be  a  mockery  of  common  sense. 

"  The  English  whigs,  after  the  revolution,  from  an  over- 
weening dread  of  popery  and  the  pretender,  from  triennial, 
voted  the  parliament  septennial.  They  have  been  trying 
ever  since  to  undo  this  false  step  in  vain,  and  are  repenting 


^Et.  26.]  HAMILTON.  35 

the  effects  of  their  folly  in  the  overgrown  power  of  the  new 
family. 

"  Some  imprudent  whigs  among  us,  from  resentment  to 
those  who  have  taken  the  opposite  side,  (and  many  of  them 
from  worse  motives,)  would  corrupt  the  principles  of  our 
government,  and  furnish  precedents  for  future  usurpations 
on  the  rights  of  the  community. 

"  Let  the  people  beware  of  such  counsellors.  However 
a  few  designing  men  may  rise  in  consequence,  and  advance 
their  private  interests  by  such  expedients,  the  people  at 
large  are  sure  to  be  the  losers  in  the  event,  whenever  they 
suffer  a  departure  from  the  rules  of  general  and  equal  just- 
ice, or  from  the  true  principles  of  universal  liberty." 

The  profligacy  of  violating  the  treaty — a  treaty  m 
which  Great  Britain  had  made  the. most  important  conces- 
sions, and  for  which  the  only  equivalent  was  a  stipulation 
that  there  should  be  no  future  injury  to  her  adherents — is 
then  exposed.  "  Can  we  do,"  he  asks,  "  by  act  of  the  legis- 
lature what  the  treaty  disables  us  from  doing  by  due  course 
of  law  ?  This  would  be  to  imitate  the  Roman  general, 
who,  having  promised  Antiochus  to  restore  half  his  vessels, 
caused  them  to  be  sawed  in  two  before  their  delivery ;  or 
the  Plataese,  who  having  promised  the  Thebans  to  restore 
their  prisoners,  had  them  first  put  to  death,  and  returned 
them  dead.  Such  fraudulent  subterfuges  are  justly  con- 
sidered more  odious  than  an  open  and  avowed  violation  of 
treaty." 

The  supremacy  of  congress  on  this  subject,  the  dangers 
to  result  from  the  retaliatory  acts  of  England  by  retain- 
ing the  posts,  and  an  exclusion  from  the  fisheries,  and  the 
impolicy  of  measures  which  keep  alive  in  the  bosom  of 
society  the  seeds  of  perpetual  discord,  are  forcibly  painted. 

Motives  of  private  advantage  had  been  artfully  held  out 
to  enlist  the  support  of  the  artisans,  by  assuring  them  that 
to  admit  the  tories  would  induce  an  injurious  competition. 


36  THE   REPUBLIC.  [1783. 

To  this  argument  he  replied,  "  There  is  a  certain  proportion 
or  level  in  all  the  departments  of  industry.  It  is  folly  to 
think  to  raise  any  of  them  and  keep  them  long  above  their 
natural  height.  By  attempting  to  do  it,  the  economy  of 
the  political  machine  is  disturbed,  and,  till  things  return  to 
their  proper  state,  the  society  at  large  suffers.  The  only 
object  of  concern  with  an  industrious  artisan,  as  such  ought 
to  be,  is,  that  there  may  be  plenty  of  money  in  the  commu- 
nity, and  a  brisk  commerce  to  give  it  activity  and  circula- 
tion. All  attempts  at  profit,  through  the  medium  of 
monopoly  or  violence,  will  be  as  fallacious  as  they  are 
culpable. 

"  Viewing  the  subject  in  every  possible  light,  there  is  not 
a  single  interest  of  the  community  but  dictates  moderation 
rather  than  violence.  That  honesty  is  still  the  best  policy, 
that  justice  and  moderation  are  the  surest  supports  of  every 
government,  are  maxims  which,  however  they  may  be 
called  trite,  are  at  all  times  true ;  though  too  seldom  re- 
i^arded,  but  rarely  neglected  with  iijnpunity." 

The  pamphlet  closes  with  the  following  emphatic  ap- 
peal : — 

"  Were  the  people  of  America  with  one  voice  to  ask — 
What  shall  we  do  to  perpetuate  our  liberties  and  secure 
our  happiness?  The  answer  would  be — Govern  well, 
and  you  have  nothing  to  fear  either  from  internal  disaffec- 
tion or  external  hostility.  Abuse  not  the  power  you  pos- 
sess, and  you  need  never  apprehend  its  diminution  or  loss. 
But  if  you  make  a  wanton  use  of  it,  if  you  furnish  another 
example,  that  despotism  may  debase  the  government  of 
the  many  as  well  as  of  the  few,  you,  like  all  others  that 
have  acted  the  same  part,  will  experience  that  licentious- 
ness is  the  forerunner  of  slavery. 

"  How  wise  was  that  policy  of  Augustus,  who,  after  con- 
quering his  enemies,  when  the  papers  of  Brutus  were 
brought  to  him,  which  would  have  disclosed  all  his  secret 


^T.  26.]  HAMILTON.  37 

associates,  immediately  ordered  them  to  be  burnt !  He 
would  not  even  know  his  enemies,  that  they  might  cease  to 
hate  when  they  had  nothing  to  fear.  How  laudable  was  the 
example  of  Elizabeth,  who,  when  she  was  transferred  from 
the  prison  to  the  throne,  fell  upon  her  knees,  and  thanking 
Heaven  for  the  deliverance  it  had  granted  her  from  her 
bloody  persecutors,  dismissed  her  resentment.  The  reigns 
of  these  two  sovereigns  are  among  the  most  illustrious  in 
history.  Their  moderation  gave  a  stability  to  their  gov- 
ernment, which  nothing  else  could  have  effected.  This 
was  the  secret  of  uniting  all  parties. 

"  These  sentiments,"  he  added,  "  are  delivered  to  you  in 
the  frankness  of  conscious  integrity,  by  one  who^eeZ*  that 
solicitude  for  the  good  of  the  community  which  the  zeal- 
ots whose  opinions  he  encounters  profess  ;  by  one  who 
pursues  not,  as  they  do,  the  honours  or  emoluments  of  his 
country ;  by  one  who  has  had  too  deep  a  share  in  the 
common  exertions  of  this  revolution,  to  be  wiUing  to  see 
its  fruits  blasted  by  the  violence  of  rash  or  unprincipled 
men,  without  at  least  protesting  against  their  designs  ;  by 
one  who,  though  he  has  had  in  the  course  of  the  revolu- 
tion a  very  confidential  share  in  the  public  councils,  civil 
and  military,  and  has  as  often,  at  least,  met  danger  in  the 
common  cause  as  any  of  those  who  now  assume  to  be  the 
guardians  of  the  public  liberty,  asks  no  other  reward  of 
his  countrymen,  than  to  be  heard  without  prejudice,  for 
their  own  interest." 

Soon  after  the  publication  of  this  pamphlet,  which  was 
extensively  read  in  the  United  States  and  republished  in 
London,  various  replies  appeared,  with  the  signatures  of 
Gustavus,  Anti-Phocionite,  and  others. 

One  more  elaborate  than  the  rest  was  issued  under  the 
name  of  Mentor,  representing  the  inhabitants  of  the  south- 
ern district  of  the  state,  who  had  remained  under  the  con- 
trol of  the  enemy,  as  aliens ;  and,  therefore,  as  subject  to 


38  THE   KEPUBLIG.  [1783. 

the  complete  discretion  of  the  legislature,  and  wholly  de- 
nying to  them  the  protection  of  the  treaty. 

To  this  production,  written  by  Isaac  Ledyard,  which 
Hamilton  designated  "  a  political  novelty,"  he  wrote  an 
answer,  entitled  "  Phocion's  second  letter,  containing  re- 
marks on  Mentor's 'reply." 

In  the  beginning,  he  avowed  that  "  whatever  severity 
of  animadversion  had  been  indulged  in  his  former  remarks, 
was  manifestly  directed  against  a  very  small  number  of 
men,  manifestly  aiming  at  nothing  but  the  acquisition  of 
power  and  profit  to  themselves  ;  and  who,  to  gratify  their 
avidity  for  these  objects,  would  trample  upon  every  thing 
sacred  in  society,  and  overturn  the  foundations  of  public 
and  private  security.  That  it  was  difficult  for  a  man  con- 
scious of  a  firm  attachment  to  the  public  weal,  who  sees 
it  invaded  and  endangered  by  such  men,  under  specious 
but  false  pretences,  either  to  think  or  to  speak  of  their 
conduct  without  indignation ;  and  that  it  was  equally  dif- 
ficult for  one  who,  in  questions  that  affect  the  community, 
regards  principles  only  and  not  men,  to  look  with  indiffer- 
ence on  attempts  to  make  the  great  principles  of  social 
right,  justice,  and  honour,  the  victims  of  personal  animosi- 
ty or  party  intrigue." 

Having  stated  a  few  simple  propositions,  which  em- 
braced within  their  compass  the  principles  of  his  argu- 
ment, and  having  disproved  by  a  complete  and  precise 
demonstration  those  of  his  opponents,  he  descanted  with 
much  force  on  the  improper  multiplication  of  oaths,  and 
exposed  the  specious  assertion,  made  without  any  limita- 
tion, that  every  government  has  a  right  to  take  precau- 
tions for  its  own  security,  and  to  prescribe  the  terms  on 
which  its  rights  shall  be  enjoyed. 

"  This  right,"  he  remarked,  "  is  bounded,  with  respect  to 
those  who  were  included  in  the  compact  by  its  original 
conditions ;  only  in  admitting  strangers,   it  may  add  new 


^T.  26.J  HAMILTON.  39 

ones.  The  rights  too  of  a  repubhcan  government  are  to 
be  modified  and  regulated  by  tke  principles  of  such  a  gov- 
ernment. These  principles  dictate  that  no  man  shall  lose 
his  rights,  without  a  hearing  and  conviction  before  the 
proper  tribunal ;  that  previous  to  his  disfranchisement,  he 
shall  have  the  full  benefit  of  the  laws  to  make  his  defence ; 
and  that  his  innocence  shall  be  presumed  till  his  guilt  has 
been  proved.  These,  with  many  other  maxims  never  to 
be  forgotten  in  any  but  tyrannical  governments,  oppose 
the  aims  of  those  who  quarrel  with  the  principles  of  Pho- 
cion." 

^^  "  Among  the  extravagances,"  he  observed,  "  with  which 
these  prolific  times  abound,  we  hear  it  often  said  that  the 
constitution  being  the  creature  of  the  people,  their  sense 
with  respect  to  any  measure,  if  it  even  stand  in  opposition 
to  the  constitution,  will  sanctify  and  make  it  right.  Hap- 
pily for  us,  in  this  country,  the  position  is  not  to  be  con- 
troverted that  the  constitution  is  the  creature  of  the  peo- 
ple ;  but  it  does  not  follow  that  they  are  not  bound  by  it, 
while  they  suffer  it  to  continue  in  force  ;  nor  does  it  follow, 
that  the  legislature,  which  is,  on  the  other  hand,  a  creature 
of  the  constitution,  can  depart  from  it  on  any  presumption 
of  the  contrary  sense  of  the  people. 

"  The  constitution  is  the  compact  made  by  the  society  at 
large  and  each  individual.  The  society,  therefore,  cannot, 
without  breach  of  faith  and  injustice,  refuse  to  any  indi- 
vidual a  single  advantage  which  he  derives  under  that 
compact,  no  more  than  one  man  can  refuse  to  perform  his 
agreement  with  another. 

"  If  the  community  have  good  reasons  for  abrogating  the 
6ld  compact,  and  establishing  a  new  one,  it  undoubtedly 
has  a  right  to  do  it ;  but  until  the  compact  is  dissolved 
with  the  same  solemnity  and  certainty  with  which  it  was 
made,  the  society  as  well  as  individuals  are  bound  by  it. 

"  All  the  authority  of  the  legislature  is  delegated  to  them 


40  THE  EEPUBLIC.  [1783. 

under  the  constitution ;  their  rights  and  powers  are  there 
defined ;  if  they  exceed  them,  'tis  a  treasonable  usurpation 
upon  the  power  and  majesty  of  the  people  ;  and  by  the 
same  rule  that  they  may  take  away  from  a  single  indi- 
vidual the  rights  he  claims  under  the  constitution,  they 
may  erect  themselves  into  perpetual  dictators. 

"  The  sense  of  the  people,  if  urged  in  justification  of  the 
measure,  must  be  considered  as  a  mere  pretext,  for  that 
sense  cannot  appear  to  them  in  a  form  so  explicit  and  au- 
thoritative as  the  constitution  under  which  they  act ;  and  if 
it  could  appear  with  equal  authority,  it  could  only  bind  when 
it  had  been  preceded  by  a  declared  change  in  the  form  of 
government.  The  contrary  doctrine  serves  to  undermine 
all  those  rules  by  which  individuals  can  know  their  duties 
and  their  rights,  and  to  convert  the  government  into  a 
government  of  will,  not  of  laws." 

The  danger  of  subjugation  by  England  had  been  warmly 
urged.  He  exhibited  her  condition  at  large,  to  show  that  it 
was  groundless — the  king  at  variance  with  his  ministers — 
the  ministers  unsupported  by  parliament — the  lords  disa- 
greeing with  the  commons — the  nation  execrating  the 
king,  ministers,  lords,  and  commons ;  all  these  are  symp- 
toms of  a  vital  malady  in  the  present  state  of  the  nation. 
He  then  adverted  to  another  often-repeated  apprehension. 
"  The  danger  from  a  corruption  of  the  principles  of  our 
government  is  more  plausible,  but  not  more  solid.  It  is  an 
axiom  that  governments  form  manners,  as  well  as  man- 
ners form  governments. 

"  The  body  of  the  people  of  this  state  are  too  firmly  at- 
tached to  the  democracy,  to  permit  the  principles  of  a 
small  number  to  give  a  different  tone  to  that  spirit.  The 
present  law  of  inheritance,  making  an  equal  division  among 
the  children  of  the  parentis  property,  will  soon  melt  down 
those  great  estates^  which,  if  they  continued,  might  favour 
the  power  of  the  few.     The  number  of  the  disaffected, 


^T.  26.]  HAMILTON.  41 

who  are  so  from  speculative  notions  of  government,  is 
small.  The  great  majority  of  those  who  took  part  against 
us,  did  it  from  accident,  from  the  dread  of  the  British 
power,  and  from  the  influence  of  others  to  whom  they 
had  been  accustomed  to  look  up.  Most  of  the  men  who 
had  that  kind  of  influence  are  already  gone.  The  residue 
and  their  adherents  must  be  carried  along  by  the  torrent, 
and  with  very  few  exceptions,  if  the  government  is  mild 
and  just,  will  soon  come  to  view  it  with  approbation  and 
attachment.  There  is  a  bigotry  in  politics,  as  well  as  in 
religion,  equally  pernicious  to  both.  The  zealots  of  either 
description  are  ignorant  of  the  advantage  of  a  spirit  of 
toleration.  It  is  remarkable,  though  not  extraordinary, 
that  those  characters,  throughout  the  states,  who  have 
been  principally  instrumental  in  the  revolution,  are  the 
most  opposed  to  persecuting  measures.  Were  it  proper,  I 
might  trace  the  truth  of  this  remark,  from  that  character 
which  has  been  the  first  in  conspicuousness,  through  the 
several  gradations  of  those,  with  very  few  exceptions,  who 
either  in  the  civil  or  military  line  have  borne  a  distin- 
guished part." 

These  casual  productions  show  his  firmness  and  gen- 
tleness. His  spirit  was  as  bold  as  it  was  sympathizing. 
He  hated  oppression  in  all  its  forms,  and  resisted  it  in 
every  shape.  Governed  by  the  highest  principles,  with 
them  his  lofty  nature  would  admit  no  compromise  ;  for  he 
was  accustomed  to  view  infractions  of  them  in  all  their 
remote  consequences.  Hence  his  denunciations  of  tyran- 
ny  were  universal  and  unsparing. 

Alluding  to  the  passing  scenes,  he  observed,  with  in- 
tensest  scorn — ^"  How  easy  is  it  for  men  to  change  their 
principles  with  their  situations — to  be  zealous  advocates  for 
the  rights  of  the  citizens  when  they  are  invaded  by  others, 
and,  as  soon  as  they  have  it  in  their  power,  to  become  the 
invaders  themselves — to  resist  the  encroachments  of  pow- 


42  THE  REPUBLIC.  [1^83. 

er  when  it  is  in  the  hands  of  others,  and  the  moment  they 
get  it  into  their  own,  to  make  bolder  strides  than  those 
they  have  resisted !  Are  such  men  to  be  sanctified  with 
the  hallowed  name  of  patriots  ?  Are  they  not  rather  to  be 
branded  as  men  who  make  their  passions,  prejudices,  and 
interests  the  sole  measure  of  their  own  and  others'  rights  ? 
The  history  of  mankind  is  too  full  of  tiiese  melancholy 
contradictions." 

He  closed  with  the  following  impressive  observations  : — 
"  Those  who  are  at  present  intrusted  with  power  in  all 
these  infant  repubhcs,  hold  the  most  sacred  deposit  that 
ever  was  confided  to  human  hands.  It  is  with  govern- 
ments as  with  individuals,  first  impressions  and  early  hab- 
its give  a  lasting  bias  to  the  temper  and  character.  Our  gov- 
ernments hitherto  have  no  habits.  How  important  to  the 
happiness,  not  of  America  alone,  but  of  mankind,  that  they 
should  acquire  good  ones  !  If  we  set  out  with  justice,  mod- 
eration, liberality,  and  a  scrupulous  regard  to  the  constitu- 
tion, the  government  will  acquire 'a  spirit  and  tone  produc- 
tive of  permanent  blessings  to  the  community.  If,  on  the 
contrary,  the  public  councils  are  guided  by  humour,  pas- 
sion, and  prejudice — if,  from  resentment  to  individuals  or 
a  dread  of  partial  inconveniences,  the  constitution  is  slight- 
ed or  explained  away  upon  every  frivolous  pretext — the 
future  spirit  of  government  will  be  feeble,  distracted,  and 
arbitrary.  The  rights  of  the  subject  will  be  the  sport  of 
every  vicissitude.  There  will  be  no  settled  rule  of  con- 
duct, but  every  thing  will  fluctuate  with  the  alternate 
prevalency  of  contending  factions. 

"  The  world  has  its  eye  upon  America.  The  noble  strug- 
gle we  have  made  in  the  cause  of  liberty,  has  occasioned 
a  kind  of  revolution  in  human  sentiment.  The  influence 
of  our  example  has  penetrated  the  gloomy  regions  of  des- 
potism, and  has  pointed  the  way  to  inquiries  which  may 
shake  it  to  its  deepest  foundations.     Men  begin  to  ask  ev- 


/Et.  26.]        »  HAMILTON.  43 

ery  where,  'Who  is  this  tyrant,  that  dares  to  build  his 
greatness  on  our  misery  and  degradation  ?  What  com- 
mission has  he  to  sacrifice  milhons  to  the  wanton  appetites 
of  himself  and  the  few  minions  that  surround  his  throne  V 

"  To  ripen  inquiry  into  action,  it  remains  for  us  to  justify 
the  revolution  by  its  fruits.  If  the  consequences  prove  that 
we  have  really  asserted  the  cause  of  human  happiness, 
what  may  not  be  expected  from  so  illustrious  an  example  ? 
In  a  greater  or  less  degree,  the  world  will  bless  and  imi- 
tate. 

"  But  if  experience,  in  this  instance,  verifies  the  lesson 
long  taught  by  the  enemies  of  liberty — that  the  bulk  of 
mankind  are  not  fit  to  govern  themselves — that  they  must 
have  a  master,  and  were  only  made  for  the  rein  and  the 
spur — we  shall  then  see  the  final  triumph  of  despotism 
over  liberty.  The  advocates  of  the  latter  must  acknow- 
ledge it  to  be  an  ignis  fatuus,  and  abandon  the  pursuit. 
With  the  greatest  advantages  for  promoting  it  that  ever  a 
people  had,  we  shall  have  betrayed  the  cause  of  human  na- 
ture I  Let  those  in  whose  hands  it  is  placed,  pause  for  a 
moment,  and  contemplate  with  an  eye  of  reverence  the 
vast  trust  committed  to  them.  Let  them  retire  into  their 
own  bosoms  and  examine  the  motives  which  there  prevail. 
Let  them  ask  themselves  this  solemn  question — Is  the  sac- 
rifice of  a  few  mistaken  or  criminal  individuals  an  object 
worthy  of  the  shifts  to  which  we  are  reduced  to  evade  the 
constitution  and  our  national  engagements  ?  Then  let  them 
review  the  arguments  that  have  been  offered  with  dispas- 
sionate candour,  and  if  they  even  doubt  the  propriety  of 
the  measures  they  may  be  about  to  adopt,  let  them  re- 
member that  in  a  doubtful  case  the  constitution  ought 
never  to  be  hazarded  without  extreme  necessity." 

This  glowing  appeal,  which  repels  all  the  allegations 
that  Hamilton  was  the  friend  of  arbitrary  government — 
this  appeal  to  the  better  sense  of  the  people  prevailed. 


44  THE    KEPUBLIC.  [1783. 

"  The  force  of  plain  truth,"  as  the  author  observed,  "  car- 
ried it  along  the  stream  of  prejudice,  and  the  principles  it 
held  out,  gained  ground  in  spite  of  the  opposition  of  those 
who  were  either  too  angry  or  too  much  interested  to  be 
convinced."  The  bill,  "  declaring  a  certain  description 
of  persons  without  the  protection  of  the  laws,"  which 
Hamilton  characterized  as  "  an  attempt  to  transfer  the 
sceptre  from  the  hands  of  government  to  those  of  indi- 
viduals, to  arm  one  part  of  the  community  against  another, 
to  enact  a  civil  war,"  had  passed.  But  its  passage  was 
fatal  to  the  influence  of  those  who  had  sustained  it. 
The  lessons  of  moderation  and  good  faith  which  were 
inculcated,  were  soon  found  to  be  the  lessons  of  true 
wisdom  ;  and  instead  of  looking  upon  the  return  of  the 
tories  with  alarm  and  discontent,  the  reflecting  part  of  the 
public  admitted  that  their  wealth  would  be  subservient 
to  the  interests  of  the  community,  and  while  they  ac- 
knowledged that  their  temporary  influence  might  be  preju- 
dicial, were  willing  to  confide  our  institutions  to  the  irre- 
sistible current  of  free  opinions. 

These  generous  views  extended  rapidly.  As  the  arts  of 
peace  advanced,  the  popular  clamour  gradually  subsided, 
and  the  general  sense  of  the  country  settled  down  in  favour 
of  the  policy  Hamilton  had  supported.* 

The  spirit  of  plunder,  originating  with  the  violent  and 
unprincipled,  disappointed  in  its  aims,  now  turned  upon 
him  with  its  fellest  rancour.     From  that  hour  of  honest 


*  "  The  rising  generation  then  just  entering  on  the  stage  of  action,  readily 
imbibed  those  sentiments  of  temperate  civil  hberty,  and  of  sound  constitu- 
tional  law,  which  Hamilton  had  so  clearly  taught  and  so  eloquently  incul- 
cated.  The  benign  influence  of  such  doctrines,  was  happily  felt  and  retain, 
ed  through  the  whole  course  of  the  generation  to  whom  thoy  were  address- 
ed. I  speak  for  myself  as  one  of  that  generation,  that  no  hasty  production 
of  the  press  could  have  been  more  auspicious." — Chancellor  Kent's  Recol- 
lections. 


^T.  26.]         •  HAMILTON.  45 

triumph,  he  was  marked  as  the  object  of  incessant  calum- 
ny. The  sense  of  defeat,  rankling  in  the  breasts  of  the 
persecuting  demagogues,  united  with  other  passions,  and 
with  the  facility  with  which  vicious  sentiments  usually  as- 
sociate, soon  grew  into  an  unscrupulous  and  unrelenting 
hostihty. 

But  this  feehng  did  not  extend  far.  In  all  civilized  so- 
cieties the  greater  part  are  quiescent,  and,  as  Hamilton 
observed,  "  were  either  for  liberal  or  moderate  measures, 
or,  at  most,  for  some  legislative  discriminations  ;  a  few  only 
were  very  violent ;  the  most  heated  were  the  warm  adhe- 
rents of  the  governor,  and  t!ie  objects  of  his  peculiar  pa- 
tronage." They  were  rewarded  for  their  intolerance — 
Hamilton  was  proscribed  for  his  clemency. 

Of  the  personal  animosity  which  his  opposition  to  demo- 
cratic tyranny  had  awakened,  a  painful  instance  is  related. 
There  existed  at  this  time  an  evening  club,  composed  of 
persons  conspicuous  in  the  prosecution  of  these  attainders, 
some  of  whom  had  written  in  opposition  to  "  Phocion,"  and 
who  felt  themselves  the  deserved  objects  of  its  just  denun- 
ciations. 

Early  in  an  evening  of  this  meeting,  it  was  proposed  that 
Hamilton  should  be  challenged,  and  in  case  the  first  chal- 
lenger should  fall,  that  others  should  challenge  him  in  suc- 
cession. At  this  moment  Ledyard  entered  the  apartment, 
and,  on  hearing  the  proposition,  broke  out  with  loud  indig- 
nation. "This,  gentlemen,  never  can  be.  What?  you 
write  what  you  please,  and  because  you  cannot  refute  what 
he  writes  in  reply,  you  form  a  combination  to  take  his  life. 
One  challenges,  and  if  he  falls,  another  follows !"  By  this 
remonstrance  the  blow  was  suspended. 

Some  time  after,  Hamilton,  who  had  heard  of  the  occur- 
*ence,was  dining  in  company  with  Ledyard,  when  he  was 
casually  addressed  as  Mentor.  He  instantly  arose,  and 
taking  him  by  the  hand,  exclaimed,  "  Then  you,  my  dear 


46  THE  REPUBLIC.  [1783. 

• 
sir,  are  the  friend  who  saved  my  life."     Ledyard  replied, 

"  That,  you  know,  you  once  did  for  me." 

Of  his  professional  efforts  at  this  time,  the  traces  among 
his  papers  are  few  and  of  little  value.  The  practice  of 
reporting  adjudicated  cases  had  not  obtained.  Stenogra- 
phy was  unknown  in  America  and  the  vestiges  of  the  elo- 
quence of  the  men  whose  genius  embellished  the  infancy 
of  our  republic,  are  rare  and  imperfect. 

The  recollections  of  a  youthful  contemporary*  remark 
Hamilton's  "  clear,  elegant,  and  fluent  style,  and  command- 
ing manner.  He  never  made  any  argument  in  court  with- 
out displaying  his  habits  of  thinkirjg,  and  resorting  at  once 
to  some  well-founded  principle  of  law,  and  drawing  his  de- 
ductions logically  from  his  premises.  Law  was  always 
treated  by  him  as  a  science  founded  on  established  princi- 
ples. His  manners  were  gentle,  affable,  and  kind.  He 
appeared  to  be  frank,  liberal,  and  courteous  in  all  his  pro- 
fessional intercourse."  Referring  to  an  important  trial  of 
this  period,  they  state — "  Hamilton,  by  means  of  his  fine  melo- 
dious voice  and  dignified  deportment,  his  reasoning  powers 
and  persuasive  address,  soared  above  all  competition  ;  his 
pre-eminence  was  at  once  universally  conceded."! 

He  continued  throughout  this  and  the  succeeding  year 
deeply  engaged  in  his  professional  labours,  as  to  which  he 
observed — "Legislative  folly  had  aflforded  so  plentiful  a 


*  Chancellor  Kent. 

t  Chancellor  Livingston  was  the  opposite  counsel.     On  the  brief  in  this 
cause  the  following  pleasantry  is  found. 

'■^Recipe  for  a  good  title  in  ejectment. 

Two  or  three  void  patents. 
As  many  old  ex-parte  surveys. 

One  or  two  acts  of  usurpation,  acquiesced  in  for  a  time,  but  afterwards 
proved  to  be  such. 

Half  a  dozen  scripture  allusions. 

Some  ghosts,  fairies,  elves,  hobgoblins,  and  a  quantum  sufficit  of  eloquence." 


^T.  26.]        .  HAMILTON.  47 

harvest,  that  he  had  scarcely  a  moment  to  spare  from  the 
substantial  business  of  reaping." 

But  his  mind  was  never  wholly  withdrawn  from  an  at- 
tention to  the  w^elfare  of  his  fellow-citizens.  The  important 
Denefits  which  he  had  anticipated  from  an  extensive  system 
of  banking,  on  its  true  principles,  have  been  shown  at  an 
early  period  of  his  life. 

Could  he  have  succeeded  in  establishing  a  well-organized 
general  government,  this  would  have  been  effected  under 
its  powers.  But  his  expectations  had  been  disappointed, 
and  it  was  doubtful  whether  the  union  of  the  states  would 
continue.  Under  these  circumstances  he  determined  to 
introduce  a  local  bank,  under  franchises  to  be  derived  from 
the  state. 

His  attention  appears  to  have  been  called  to  this  sub- 
ject by  a  friend,  who,  dissatisfied  with  the  Bank  of  North 
America,  proposed  the  establishment  of  a  bank  in  New- 
York. 

While  this  was  in  contemplation,  a  plan  of  a  land  bank, 
of  which  another  was  the  ostensible  parent,  but  Chancel- 
lor Livingston  the  originator,  was  projected,  and  a  petition 
for  an  exclusive  charter  was  addressed  to  the  legislature. 
"  I  thought  it  necessary,"  Hamilton  observes  in  a  letter  to 
his  friend,  "not  only  with  a  view  to  your  project,  but  for 
the  sake  of  the  commercial  interests  of  the  state,  to  start 
aA  opposition  to  this  scheme,  and  took  occasion  to  point 
out  its  absurdity  and  inconvenience  to  some  of  the  most 
intelligent  merchants,  who  presently  saw  matters  in  a  pro- 
per light,  and  began  to  take  measures  to  defeat  the  plan. 

"  The  chancellor  had  taken  so  much  pains  with  the  coun- 
try members,  that  they  began  to  be  persuaded  that  the 
land  bank  was  the  true  philosopher's  stone,  that  it  was  to 
turn  all  their  rocks  and  trees  into  gold  ;  and  there  was 
great  reason  to  apprehend  a  majority  of  the  legislature 
would  have  adopted  his  views.     It  became  necessary  lo 


48  THE   REPUBLIC.  [1Y84. 

convince  tne  projectors  themselves  of  the  impracticability 
of  their  scheme,  and  to  countervail  the  impressions  they 
had  made,  by  a  direct  application  to  the  legislatm-e.*' 

To  carry  this  plan  fnto  effect,  a  general  meeting*  of  the 
citizens  of  New- York  was  convened,  at  which  McDougal 
presided,  and  half  a  milHon  of  dollars  were  subscribed. 

The  constitution  of  the  Bank  of  -New- York,  framed  by 
Hamilton,  was  adopted,  and  he  was  chosen  one  of  its  direc- 
tors, was  chairman  of  the  committee  to  prepare  its  by- 
laws, and  was  occupied  in  devising  a  mode  for^  receiving 
and  paying  out  gold,  which  had  been  done  elsewhere  by 
weighing  in  quantities ;  a  practice  attended  with  many 
evils,  and  for  which,  in  the  absence  of  a  national  coinage, 
it  w^as  difficult  to  find  a  substitute.-|- 

The  abuses  of  the  banking  system  of  this  country  have 
rendered  it  an  object  of  prejudice ;  but  he  has  thought  lit- 
tle of  its  infant  condition,  who  cannot  trace  to  these  insti- 
tutions the  most  important  public  benefits. 

Contemporaneously  with  them  may  be  remarked  the  in- 
.troduction  of  those  habits  of  punctuaUty,  which,  by  giving 
stability  to  domestic,  and,  as  a  consequence,  to  foreign 
credit,  were  highly  instrumental  in  raising  the  character 
of  the  nation  and  advancing  its  commercial  prosperity. 
And  in  the  same  degree  in  which  can  be  seen  the  early 
introduction  into  the  different  states  of  an  enlightened 
system  of  banking  on  commercial  principles,  in  the  same 
ratio  the  relative  advances  of  those  states  may  be  traced. 

A  letter  from  La  Fayette  of  this  period  invites  attention 


*  February  26,  1784. 

t  The  rates  for  the  value  of  each  foreign  coin  in  circulation  were  fixed  hy 
the  bank.  A  person  was  employed  to  regulate  each  piece  according  to  the 
standard  weight ;  and  an  allowance  or  deduction  of  three  per  cent,  was  made 
on  each  gold  piece,  as  it  exceeded  or  fell  short  of  that  value.  To  give  effect 
to  this  arrangement,  the  chamber  of  commerce,  on  the  4th  of  May,  1784, 
adopted  a  regulation  fixing  a  tariff  of  values 


JEt.  27.]        »  HAMILTON.  49 

to  another  subject.  After  mentioning  an  intended  visit  to 
the  Prussian  and  Austrian  armies,  he  wrote : — "  In  one  of 
your  gazettes,  I  find  an  association  against  the  slavery  of 
negroes,  which  seems  to  be  worded  in  such  a  way  as  to 
give  no  offence  to  the  moderate  men  in  the  southern  states. 
As  I  have  ever  been  partial  to  my  brethren  of  that  colour, 
I  wish,  if  you  are  in  the  society,  you  would  move,  in  your 
own  name,  for  my  being  admitted  on  the  list." 

This  association,  emanating  from  one  previously  formed 
in  Philadelphia,  was  composed  of  individuals,  of  whom  the 
most  active  were  members  of  the  society  of  Friends.  At 
its  second  meeting  Jay  was  chosen  president,  and  a  com- 
mittee raised,  of  which  Hamilton  was  chairman,  to  devise 
a  system  for  effecting  its  objects. 

Believing  that  the  influence  of  such  an  example  w^ould 
be  auspicious,  he  proposed  a  resolution  that  every  mem- 
ber of  the  society  should  manumit  his  own  slaves. 

He  never  owned  a  slave ;  but  on  the  contrary,  having 
learned  that  a  domestic  whom  he  had  hired  was  about  to 
be  sold  by  her  master,  he  immediately  purchased  her  free- 
dom. 

Others  found  the  theory  of  humanity  lighter  than  the 
practice.  This  resolution  was  debated  and  deferred. 
Disgusted  with  the  pretensions  of  persons  who  were  un- 
willing to  make  so  small  a  sacrifice,  he  discontinued  his 
attendance  at  these  meetings. 

The  condition  of  New- York  at  this  time  is  summarily 
shown  in  a  letter  from  him  to  a  friend.  "  Discrimination 
bills,  partial  taxes,  schemes  to  engross  public  property  in 
the  hands  of  those  who  have  present  power,  to  banish  the 
real  wealth  of  the  state,  and  substitute  paper  bubbles,  are 
the  only  dishes  that  suit  the  public  palate  at  this  time." 

While  the  sphere  of  his  political  usefulness  was  limited 
by  such  counsels,  Hamilton  kept  aloof  from  party  contests 
with  the  secondary  men,  who  succeeded  to  the  great  ac- 
VoL.  Til— 4 


50  THE   REPUBLIC.  [1784. 

tors  in  the  revolution ;  and  aware  that  a  strong  necessity 
could  alone  change  the  unhappy  tendency  of  the  public 
mind,  he  was  content  to  pause,  and,  as  he  beautifully  ob- 
served, "  to  erect  a  temple  to  time,  to  see  what  would  be 
the  event  of  the  American  drama." 


CHAPTER    XXXI^. 

The  failure  of  the  imperfect  union  of  the  States  either 
"  to  provide  "  prospectively  "  for  the  common  defence," 
or  "to  establish  justice,"  has  been  shown  in  the  preceding 
narrative.  Its  utter  incompetency  "  to  promote  the  gen- 
eral welfare,"  by  the  protection  of  the  national  industry, 
and  of  national  rights,  or  "to  ensure  domestic  tranquilHty ;  " 
thus  failing,  in  every  essential  particular,  "  to  secure  "  to 
the  American  people  "  the  blessings  of  liberty,"  will  now 
be  seen. 

The  policy  to  be  pursued  in  their  intercourse  with 
other  nations  would,  it  may  be  supposed,  early  engage  the 
attention  of  a  people  by  position  and  habit  necessarily 
commercial.  Hence  it  is  perceived  that  before  the  decla- 
ration of  independence.  Congress  had  deliberated  upon 
that  subject. 

The  result  of  these  deliberations  was  such  as  w^as  to 
have  been  expected  under  their  circumstances.  It  was  a 
resolution  to  open  the  ports  of  the  colonies  to  the  world, 
excepting  the  inhabitants,  productions,  and  vessels  of  Great 
Britain,  and  East  India  tea.  This  purpose  of  placing  each 
nation  on  the  footing  of  "  natives,"  it  has  been  seen,  was  pro- 
posed to  France,  but  was  relinquished,  and  that  of  the  "  most 
favored  nation  "  adopted.  This  was  also  the  basis  of  the 
treaties  with  Sweden  and  the  Netherlands ;  in  the  latter 
of  which,  provisions  were  made  defining  the  state  of  block- 


52  THE  REPUBLIC.  [1783. 

ade,  and  securing  to  the  people  of  either  country  "  an  en- 
tire and  perfect  liberty  of  conscience." 

But  what  should  be  the  terms  of  intercourse  with  Great 
Britain,  was  the  most  interesting  question. 

Soon  after  Oswald  had  received  his  commission  recog- 
nising this  country  as  an  independent  nation,  Jay  prepared 
the  plan  of  a  treaty  of  commerce,  which  he  submitted  to 
him.  This  plan  proposed  that  it  should  be  on  the  footing 
of  "  natives."  The  proposition  being  announced  to  con- 
gress by  Franklin,  was  referred. 

Instructions  were  reported,*  that  "  in  any  commercial 
stipulations  with  Great  Britain,"  the  commissioners  were 
"  to  endeavour  to  obtain  a  direct  commerce  with  all  parts 
of  the  British  dominions  and  possessions,  in  like  manner  as 
all  parts  of  the  United  States  may  be  opened  to  a  direct 
commerce  of  British  subjects  ;  or  at  least,  that  such  direct 
commerce  be  extended  to  all  parts  of  the  British  domin- 
ions and  possessions  in  Europe  and  the  West  Indies  ;"  and 
they  were  informed,  "  that  this  stipulation  will  be  particu- 
larly expected  by  congress,"  in  case  the  footing  of  natives 
was  admitted.  Their  attention  was  again  called  to  this 
subject  by  a  letter  from  Adams,  in  which,  after  reminding 
them  of  the  revocation  of  his  former  powers,  he  urged  the 
appointment  of  a  resident  minister  at  London ;  and  having 
referred  to  the  injustice  which  would  be  done  to  him  who 
was  the  first  object  of  his  country's  choice,  should  anj- 
other  be  appointed,  he  indicates  to  that  body  the  qualifica- 
tionsf  necessary  for  an  American  foreign  minister  gene- 


*  By  Madison. 

t  "  In  the  first  place,  he  should  have  had  an  education  in  classical  learn- 
ing, and  in  the  knowledge  of  general  history,  ancient  and  modern,  and  par- 
ticularly the  history  of  France,  England,  Holland,  and  America.  He  should 
be  well  versed  in  the  principles  of  ethics,  of  the  law  of  nature  and  nations, 
of  legislation  and  government,  of  the  civil  Roman  law,  of  the  laws  of  Eng- 
land and  the  United  States,  of  the  public  law  of  Europe,  and  in  the  letters, 


^T.  26.]        ►  HAMILTON.  58 

rally,  and  above  all,  to  the  court  of  St.  James."  This  re- 
markable despatch  was  referred  to  a  committee  of  which 
Hamilton  was  chairman.     His  views  on  this  subject  had 

memoirs,  and  histories  of  those  great  men  who  have  heretofore  shone  in  the 
diplomatic  order,  and  conducted  the  affairs  of  nations  and  the  world.  He 
should  be  of  an  age  to  possess  a  maturity  of  judgment  arising  from  expe- 
rience in  business.  He  should  be  active,  attentive,  and  industrious,  and 
above  all,  he  should  possess  an  upright  heart,  and  an  independent  spirit,  and 
should  be  one  who  decidedly  makes  the  interest  of  his  country — not  the  policy 
of  any  other  nation,  nor  his  own  private  ambition  or  interest,  or  those  of  his 
family^  friends,  and  connections — the  rule  of  his  conduct. 

"  We  hear  so  much  said  about  a  genteel  address,  and  a  facility  in  speaking 
the  French  language,  that  one  would  think  a  dancing  master  and  a  French 
master  the  only  tutors  necessary  to  educate  a  statesman.  Be  it  remembered, 
the  present  revolution,  neither  in  America  nor  Europe  has  been  accomplished 
by  elegant  bows,  nor  by  fluency  in  French,  nor  will  any  great  thing  ever  be 
effected  by  such  accomplishments  alone.  A  man  must  have  something  in  his 
head  to  say  before  he  can  speak  to  effect,  how  ready  soever  he  may  be  at  utter- 
ance.  And  if  the  knowledge  is  in  his  head  and  the  virtue  in  his  heart,  he  will 
never  fail  to  find  a  way  of  communicating  his  sentiments  to  good  purpose.  ■ 
He  will  always  have  excellent  translators  ready,  if  he  wants  them,  to  turn 
his  thoughts  into  any  language  he  desires. 

"  As  to  what  is  called  a  fine  address,  it  is  seldom  attended  to  after  a  first 
or  second  conversation,  and  even  in  these  it  is  regarded  no  more  by  men  of 
sense  of  any  country  than  another  thing,  which  I  heard  disputed  with  great 
vivacity  among  the  officers  of  the  French  frigate,  the  Sensible.  The  ques- 
tion was,  what  were  the  several  departments  of  an  ambassador  and  a  secre- 
tary of  legation.  After  a  long  and  shrewd  discussion,  it  was  decided  by  a 
majority  of  votes,  '  that  the  secretary's  part  was  to  do  the  business,  and  that 
of  an  ambassador  *****  *  .'  This  decision  produced  a  laugh 
among  the  company,  and  no  ideas  of  the  kind  will  ever  produce  any  thing 
else  among  men  of  understanding. 

"  It  is  very  true  that  it  is  possible  that  a  case  may  happen,  that  a  man 
may  serve  his  country  by  a  bribe  well  placed,  or  an  intrigue    *     *     *     * 

*  *  .  But  it  is  equally  true,  that  a  man's  country  will  be  sold  and  be- 
trayed a  thousand  times  by  this  infamous  commerce,  where  it  will  be  once 
served.  It  is  very  certain  that  we  shall  never  be  a  match  for  European 
statesmen  in  such  accomplishments  for  negotiation,  any  more  than,  I  must 
and  will  add,  they  will  equal  us  in  any  solid  abilities,  virtues,  and  application 
to  business,  if  we  choose  wisely  among  the  excellent  characters  with  which 
our  country  abounds." — 7  D.  C.  21. 


54  THE  REPUBLIC.  [1783. 

long  been  formed  ;  he  was  of  the  opinion  that  it  ought  to 
be  "the  basis  of  our  commercial  system  not  to  make 
particular  sacrifices,  nor  to  expect  particular  favours." 
Though  the  advocate  of  a  reciprocal  freedom  of  com- 
merce, it  has  been  seen  that  he  was  fully  sensible  of  the 
importance  of  the  power  of  protecting  the  peculiar  inter- 
ests of  a  community  where,  from  the  previous  colonial 
restrictions,  there  was  little  diversity  in  the  pursuits  of 
industry. 

But  the  powers  of  the  confederacy  were  inadequate  to 
this  object,  the  policy  of  England  was  not  developed,  and, 
until  those  powers  were  enlarged  and  that  policy  disclosed, 
he  felt  that  a  temporary  arrangement  would  be  most  ex- 
pedient. 

Under  this  conviction,  and  not  satisfied  by  the  despatch 
from  Adams,  of  the  wisdom  of  intrusting  to  him  the  sole 
conduct  of  so  important  a  negotiation,  he  reported  a  reso- 
lution* that  Franklin  and  Jay  should  be  empowered  with 
him,  or  either  of  them  in  the  absence  of  the  others,  "  to  en- 
ter into  a  treaty  of  commerce  between  the  United  States 
of  America  and  Great  Britain,  subject  to  the  revisal  of  the 
contracting  parties  previous  to  its  final  conclusion  ;  and  in 
the  mean  time,  to  enter  into  a  commercial  convention  to 
continue  in  force  one  year,"  and  "  that  the  secretary  for 
foreign  affairs  should  lay  before  congress,  without  delay," 
a  plan  of  a  treaty  of  commerce,  and  instructions  to  be 
transmitted  to  the  commissioners. 

This  plan  proposed  a  direct  commerce  with  Great  Brit- 
ain, except  as  to  such  articles,  the  importation  or  exporta- 
tion of  which  might  be  prohibited  in  all  her  dominions, 
excepting  the  territories  of  the  East  India  and  Hudson's 
Bay  companies  ;  the  subjects  of  Great  Britain  paying  the 
same  duties  in  the  United  States  as  the  citizens  of  the 

*  May  1,  1783. 


^T.  26.]        >  HAMILTON.  55 

United  States  paid  in  Great  Britain,  and  which  were  not 
to  exceed  those  paid  by  the  most  favoured  nations, — par- 
ticipating in  any  concession  freely,  if  freely  made,  or  if 
conditional,  allowing  a  similar  compensation.  In  neither 
country  were  the  citizens  or  subjects  of  the  other  to  be 
regarded  as  aliens,  except  as  to  an  exemption  from  military 
duty. 

The  plan*  being  referred  on  the  nineteenth  of  June, 
instructions  to  the  envoys  were  reported.  They  strong- 
ly urged  the  articles  as  to  a  free  commerce,  on  the  ground 
that  the  immunities  offered  to  British  subjects,  particu- 
larly those  permitted  to  settle  in  the  United  States, 
were  a  full  equivalent,  as  they  would  probably  direct  their 
trade  into  such  channels  as  England  would  prefer.  If 
these  terms  could  not  be  obtained,  others  as  similar  to 
them  as  possible  were  to  be  obtained,  and  they  were  di- 
rected "  to  bear  in  mind  that  the  great  leading  object  of 
these  states,  was  to  find  the  West  India  market  open  for 
their  own  produce,  and  to  be  permitted,  as  far  as  possible. 


*  Madison  to  JeiFerson,  May  13,  1783. — "A  project  for  a  treaty  of  com- 
merce with  Great  Britain  has  been  reported  by  the  secretary  of  foreign  affairs, 
and  is  now  in  the  hands  of  a  committee.  The  objects  most  at  heart,  are — 
first,  a  direct  trade  between  this  country  and  the  West  Indies ;  secondly,  a 
right  of  carrying  between  the  latter  and  otlier  parts  of  the  British  empire  ; 
thirdly,  a  right  of  carrying  from  the  West  Indies  to  all  other  parts  of  the 
world.  As  the  price  of  these  advantages,  it  is  proposed  that  we  shall  admit 
British  subjects  to  equal  privileges  with  our  own  citizens.  As  to  the  first 
object,  it  may  be  observed,  that  the  bill  lately  brought  into  the  British  par- 
hament,  renders  it  probable  that  it  may  be  obtained  without  such  a  cession  , 
as  to  the  second,  that  it  concerns  the  eastern  states  chiefly  ;  and  that  as  to  the 
third,  that  it  concerns  them  alone.  WTiilst  the  privilege  to  be  conceded,  will 
chiefly,  if  not  alone,  affect  the  southern  states.  The  interest  of  these,  seems 
to  require  that  they  should  retain,  at  least  the  faculty  of  giving  any  encour- 
agement to  their  own  merchant-ships  or  mariners,  which  may  be  necessary 
to  prevent  a  relapse  under  Scotch  monopoly,  or  to  acquire  a  maritime  im- 
portance. The  eastern  states  need  no  such  precaution." — Madison  Papers, 
vol.  1,  p.  531. 


56  THE   REPUBLIC.  [1783. 

to  be  the  carriers  of  theirs."  The  trade  of  the  coast  of 
Africa,  and  permission  to  cut  wood  in  the  bay  of  Hondu- 
ras, were  indicated  as  desirable.  They  were  to  represent 
as  inducements  to  the  grant  of  these  advantages,  that  un- 
less these  channels  were  opened  to  America,  she  would  be 
without  the  means  of  paying  for  the  manufactures  requi- 
red, and  be  compelled  to  manufacture  for  herself.  But  if 
a  market  was  given  for  her  raw  materials,  agriculture,  and 
not  manufactures,  would  be  encouraged.  They  were  in 
no  event  to  conclude  any  treaty,  unless  the  trade  with  the 
West  Indies  was  placed  on  its  former  footing.  It  was  not 
to  be  definitive  until  approved  by  congress,  but  a  conven- 
tion on  these  principles  might  be  entered  into,  to  endure 
one  year. 

The  expediency  of  making  an  admission  to  the  West 
India  market  an  indispensable  condition,  was  doubted. 
It  was  still  "  a  fundamental  law  of  Europe,  that  all 
commerce  with  a  foreign  colony  shall  be  regarded  as  a 
mere  monopoly."*  That  a  nation  so  fenced  in  by  monopo- 
lies, and  which  then  considered  it  as  a  cardinal  maxim  to 
secure  to  herself  the  exclusive  trade  of  her  colonies,  would 
relax  in  favour  of  the  United  States,  so  recently  revolted, 
was  little  to  be  expected.  Indeed,  the  people  of  this  coun- 
try did  not,  at  the  beginning  of  the  revolution,  expect  it. 
In  the  address  of  congress  to  the  inhabitants  of  Great  Brit- 
ain, made  in  seventeen  hundred  and  seventy-five,  they  de- 
clared, "  We  cheerfully  consent  to  such  acts  of  the  British 
parliament  as  shall  be  restrained  to  the  regulation  of  our 
external  commerce,  for  the  purpose  of  securing  the  com- 
mercial advantages  of  the  whole  empire  to  the  mother 
country,  and  the  commercial  benefit  of  it  to  its  respective 
members." 

Under  these  considerations,  and  unwilling  to  interpose 

*  Montesquieu,  liv  21,  cap.  17, 


^T.  26.]         V  HAMILTON.  57 

so  serious  an  impediment  to  a  treaty,  and,  on  the  part  of 
some,  to  recognise  the  policy  that  America  was  to  continue 
a  merely  agricultural  nation,  this  resolution  was  postponed. 
In  the  ensuing  month,*  the  minister  of  France  anxious  to 
secure  to  his  country  a  monopoly  of  the  American  trade, 
announced  to  congress  that  he  would  not  sign  a  treaty 
but  in  concert  with  the  United  States,  and  at  the  same, 
time  condemned  "  the  too  precipitate  admission  of  British 
vessels  into  the  American  ports." 

The  statesmen  of  England  had,  in  the  mean  time,  also 
been  occupied  with  this  subject.  It  has  been  seen,  that 
while  the  party  which  plunged  their  country  into  this  dis- 
astrous conflict — still  clinging  to  the  hope  of  recovering 
their  popularity,  by  soothing  the  pride  of  the  nation,  and 
obedient  to  the  prejudices  of  the  monarch — shrank  from 
the  express  acknowledgment  of  independence,  their  oppo- 
nents, during  the  brief  ascendency  of  Fox,  whose  enlight- 
ened mind  was  governed  by  an  enlarged  philanthropy, 
took  a  different  view. 

He  contended  that  it  became  the  British  government  to 
tender  an  absolute,  unconditional  acknowledgment  of  inde- 
pendence in  the  first  instance,  as  a  measure  not  less  due  to 
her  national  character,  than  prompted  by  her  best  interests. 
Similar  difference  of  opinion  existed  as  to  the  policy  which 
ought  to  govern  the  commercial  relations  of  the  two  coun- 
tries. William  Pitt,  asserting  the  power  of  his  high  ability 
over  the  councils  of  Great  Britain,  warmly  advocated  a 
liberal  system.  "It  was  a  matter  of  joy  to  him,"  he  de- 
clared, "that  America  had  accepted  the  recognition  of 
her  independence  as  the  price  of  peace.  It  was  a  solid 
foundation,  on  which  future  union  with  that  country  might 
be  framed.  It  was  his  belief,  that  both  nations  would  still 
be  connected  in  interest  as  well  as  friendship." 

*  July  21,  1783. 


6S  THE    EEPUBLIC.  [1783. 

Fox,  contemplating  an  open  trade  between  the  two 
countries,  moved  to  bring  in  a  bill  preventing  the  requir- 
ing any  manifest  or  other  document  from  vessels  of  the 
United  States,  entering  thence  into  British  ports,  or  clear- 
ing in  British  for  their  own  ports. 

The  commanding  prospective  views  of  these  great 
statesmen  were  approved  by  a  large  body  of  the  mer- 
chants. But  the  bill  was  opposed  in  every  stage  of  it  by 
the  navigating  interest,  as  an  infraction  of  existing  treaties ; 
as  a  violation  of  the  policy  of  the  navigation  act,  which, 
it  was  contended,  by  the  terms  of  the  settlement  with 
Ireland,  would  have  been  wholly  repealed,  as  respected 
that  kingdom,  if  repealed  in  any  particular  affecting  Eng- 
land ;  as  a  measure  unequal  in  its  operation  on  different 
parts  of  the  empire,  and  not  warranted  by  the  spirit  of  the 
treaty  between  the  United  States  and  France.  It  was  the 
appeal  of  established  opinions  to  national  prejudices  ;  an 
appeal  rarely  unsuccessful.  Jenkinson  approved  the  pol- 
icy, but  objected  to  the  bill.  Eden,  beside  its  conflict  with 
the  act  of  navigation,  declared  it  would  open  to  the  United 
States  the  whole  carrying  trade  to  the  West  Indies,  and 
moved  an  amendment  to  give  to  the  crown  for  a  limited 
time,  certain  powers  for  the  better  carrying  these  purposes 
into  execution.  Though  Shelburn  opposed,  this  amend- 
ment prevailed,  and  the  crown  was  authorized  to  make 
temporary  regulations. 

The  poHcy  of  these  regulations  obviously  was  to  mo- 
nopolize the  navigation.  In  the  direct  trade  between  the 
West  Indies  and  England,  the  tropical  products  were 
bulky,  and  required  a  large  tonnage.  The  wants  of  the 
islands  only  gave  small  outward  freights.  It  was  intended 
to  supply  these  by  the  carriage  to  the  United  States, 
thence  to  the  West  Indies,  and  from  the  West  Indies,  by 
a  return  cargo,  to  the  mother  country. 


JEt.  26.]  >  HAMILTON.  69 

The  course  of  the  negotiations  on  the  part  of  England 
partook  of  the  fluctuations  in  her  councils.  Not  long 
after  the  signature  of  the  preliminary  articles,  the  king 
of  England  instructed  Hartley  to  negotiate  a  treaty  of 
commerce  with  the  United  States.  This  informality 
was  objected  to,  and  he  was  subsequently  duly  commis- 
sioned. A  proposition*  for  a  temporary  convention,  author- 
izing a  mutual  intercourse  on  the  footing  of  "natives,''^ 
was  made  on  behalf  of  this  country.  England  declined 
assenting  to  it.  Hartley  then  offered  to  place  the  trade  of 
the  two  countries  on  the  same  basis  as  that  upon  which  it 
had  existed  before  the  war ;  but  excluding  American  citi- 
zens from  a  direct  intercourse  between  the  British  West 
Indies  and  the  mother  country.  This  also  proved  to  be 
unauthorized,  and  no  further  instructions  were  given. 

The  British  ministry,  acting  on  the  power  of  regulation 
recently  conferred  upon  them,  issued  two  proclamations  ; 
the  first  of  which  restrained  the  importation  of  the  pro- 
duce of  the  United  States  to  British  vessels,  navigated 
according  to  her  laws,  or  to  vessels  belonging  to  the  state 
of  which  the  cargo  was  the  produce  ;f  and  the  other,  in 
effect,  absolutely  prohibited  American  vessels  or  citizens 
from  trading  to  the  British  colonies.  Convinced  that  no 
advantage  could  be  derived  from  longer  delay,  the  defini- 
tive treaty  of  peace,  which  was  a  copy  of  the  provisional 
articles,  was  signed  on  the  third  of  September,  seventeen 
hundred  and  eighty-three. 

Soon  after  this  event,  copies  of  the  recent  proclamations 
were  received  by  Congress  from  their  ministers,  who  an- 


*  The  article  submitted  by  Jay  proposed  to  exclude  the  importation  of 
slaves. 

f  Several  staples  of  the  United  States  were  also  excluded,  even  in  British 
bottoms. 


60  THE    REPUBLIC.  [1783. 

nounced  propositions  for  entering  into  treaties  by  several 
leading  European  powers. 

The  conduct  of  England  was  supposed  to  indicate  the 
importance  of  such  treaties,  and  instructions  were  passed, 
declaring  the  principles  on  which  these  negotiations  should 
be  commenced.  They  were  to  have  for  their  basis  the 
mutual  advantage  of  the  contracting  pai'ties,  on  terms  of 
equality  and  reciprocity,  and  not  to  be  repugnant  to  their 
existing  treaties.  The  report  of  June,  as  to  the  terms  of 
a  treaty  with  Great  Britain,  was  thus  superseded. 

These  resolutions  passed  on  the  twenty-ninth  of  Octo- 
ber, eighty-three. 

This  may  be  regarded  as  the  closing  event  of  the  Amer- 
ican revolution.  With  some  things  to  regret,  as  in  all  hu- 
man affairs,  there  is  much  to  admire  and  much  to  applaud 
in  its  character  and  conduct.  The  scene  now  changes. 
Without  honest  counsels  or  wise  concert  for  the  common 
weal,  selfish  passions  and  selfish  purposes  are  beheld  in 
sad  ascendency,  marring. every  great  public  interest,  till 
Washington  wrote,  "  to  be  more  exposed  in  the  eyes  of  the 
world,  and  more  contemptible,  than  we  already  are,  is 
hardly  possible." 

On  the  third  of  November,  a  new  Congress  assembled 
at  Princeton,  when,  seven  States  being  represented,  a 
President  was  chosen,  and  the  next  day  Jeflferson  took  his 
seat.  The  prominence  he  had  already  attained,  and  the 
still  greater  prominence  he  subsequently  attained,  render 
a  brief  recurrence  to  his  past  career  not  inappropriate. 
His  father,  Peter,*  was  of  Welch  extraction,  and  as  his 
ancestry  is  not  traced,  probably  little  of  it  was  to  be 
known.     He  commenced  life  as  a  millwright,  then  becom- 


*  These  facts  are  all  derived  from  his  biographers,  George  Tucker,  and 
H.  S.  Randall. 


JEt.26.]  '  HAMILTON.  61 

ing  a  surveyor,  he  selected  a  body  of  land,  plain  and  hill 
side,  near  the  gap  of  the  Rivanna,  and  obtained  a  patent. 
This,  then  frontier  tract,  marked  with  the  recent  trails  of 
Indians,  he  called  "  Shadwell."  On  this  spot,  subsequently 
known  as  "  Montecello,"  was  born,  in  the  year  seventeen 
hundred  and  forty-three,  Thomas  Jefferson,  his  mother 
being  of  the  influential  family  of  the  Randolphs.  Though 
of  limited  means,  his  father  wisely  gave  him  all  the  ad- 
vantages of  education,  at  that  time  to  be  commanded  in 
Virginia.  From  school  he  passed  into  the  college  of 
William  and  Mary,  where  he  acquired  the  mathematics 
and  classics,  in  neither  a  proficient.  Williamsburgh  being 
the  seat  of  government,  Jefferson  was  admitted  to  the 
society  of  Governor  Fauquier,*  alleged  to  have  had  upon 
him  an  unhappy  influence.  Here  he  probably  formed  the 
easy,  flexile  manners  which  served  him  much  in  after  Hfe, 
and  caused  to  be  forgotten  an  appearance  not  well  favored.f 
On  reaching  manhood,  he  became  a  practitioner  of 
law ;  and,  at  six-and-twenty,  was  elected  by  his  native 
county  to  the  House  of  Burgesses.  There  he  took  little 
part  in  debate,  owing  to  a  physical  infirmity,J  of  long 
duration,  but  became  distinguished  for  his  pen.  Thus, 
when  the  political  storm  was  rising,  the  resolutions  for  a 
committee  of  correspondence  are  ascribed  to  him.  Being 
asked  to  propose  them,  he  declined  the  honor.g  A  con- 
vention of  the  State  soon  after  met,  when  he  was  selected 
to  draw  instructions  for  the  delegates  to  Congress.  Fall- 
ing sick  on  the  way,  he  was  not  present,  and  his  instruc- 
tions were  not  presented. 

*  A  disciple  of  Shaftesbury  and  Bolingbroke. — Randall,  i.  31. 
f  Tucker  thus  describes  him,  vol.  i.  p.  29 :  "  He  was  tall,  thin,  and  raw- 
boned,  had  red  hair,  a  freckled  face,  and  pointed  features." 
I  Randall,  i.  50.     "  His  voice  began  to  srak  in  his  throat." 
§  Tucker,  L  52. 


62  THE  EEPUBLIC.  [1783. 

Early  in  seventy-five,  he  was  elected  a  deputy-substi- 
tute, in  case  Peyton  Randolph  should  not  attend,  to  the 
second  Congress,  where  he  took  his  seat,  and  prepared 
part  of  one  of  its  most  important  documents — a  declara- 
tion of  the  causes  of  taking  up  arms.*  On  the  eleventh 
of  August,  seventy-five,  he  was  chosen  a  full  member  of 
Congress.  Fourteen  days  after,  the  convention  of  Vir- 
ginia having  resolved  to  raise  a  regular  force,  and  to  em- 
body its  militia,  Jefferson  addressed  a  private  letter  to  a 
kinsman,  the  Royal  Attorney-General,  "  who,  taking  sides 
with  the  government,  was  about  to  leave  Virginia  for 
England."f  In  this  letter,  he  avowed  that  he  "  would 
rather  be  in  dependence  on  Great  Britain,  properly  limited, 
than  on  any  nation  on  earth,  or  than  on  no  nation,X  a  pre- 
dilection repeated  by  him  to  the  same  loyal  officer,  not 
long  after.§  These  letters  have  been  variously  interpreted.  || 
A  month  later,  on  the  twenty-eighth  of  December,  he 
withdrew^  from  Congress,  and  regardless  of  the  great  in- 
tervening measures  preparatory  to  war,  and  of  its  being 
actually  authorized  by  that  body,**  he  did  not  resume  his 
seat  until  the  middle  of  the  following  May.  Virginia,  at 
this  time,  preconcerting  independence,  left  him  no  option 
but  to  return. 

Congress,  acting  directly  on  the  instructions  of  that 
State,  resolved  on  independence,  and  he  was  appointed 

*  Tucker,  i.  78. 

f  John  Eandolph. — ibid.   i.  84,  85. 

X  Randall,  i.  122. 

§  Nov.  29,  1775. 

II  Lee's  Observations,  239.     Randall,  i.  121. 

IT  We  are  not  able  to  state  positively  the  occasion  of  this  absence,  but  the 
presumption  would  seem  to  be  that  it  finds  its  explanation  in  the  antecedents 
of  the  fact  thus  stated  in  his  pocket-book  account:  "March  31,  1776 — My 
mother  died  about  eight  o'clock  this  morning." 

**  March  23,  1776. 


JSt.  26.]  V  HAMILTON.  63 

chairman  of  a  committee  to  prepare  a  declaration  of  it, 
which  duty,  it  has  been  seen,  he  ably  performed. 

A  new  Congress  was  chosen  to  conduct  the  operations 
of  the  war.  Jefferson,  being  elected  a  member  declined, 
and  on  the  second  of  September,  when  the  tidings  reached 
Philadelphia  of  the  defeat  at  Long  Island,  and  the  retreat 
of  the  army,  forgetting  the  recent  public  pledge  of  "  his 
life  and  fortune,  and  sacred  honor,"  he  resigned  his 
seat  in  Congress,  and  "  the  next  day  set  out  for  Vir- 
ginian'^ 

It  cannot  but  be  regarded  as  a  sad  fact  in  the  history 
of  this  republic,  to  which  all  time  must  point  derisively 
and  with  sorrow,  that  two  men,  Jefferson  and  Adams,  so 
prominent  as  to  be  charged  with  the  Declaration  to  the 
world  of  American  Independence,  deserted  their  posts  at 
its  most  trying  crisis,  thus  discouraging  the  people,  and 
encouraging  the  enemy.  Had  other  leaders  been  of  like 
temper,  the  result  inevitably  must  have  been,  not  a  revo- 
lution full  of  glories  and  of  blessings,  but  a  short-lived, 
craven,  abortive  rebellion.  All  the  circumstances  con- 
sidered, in  vain  will  a  parallel  be  sought. 

Escaped  from  the  scene  of  conspicuous,  imminent  dan- 
ger, Jefferson,  in  October,  took  his  seat  again  in  the  House 
of  Burgesses,  of  which  he  continued  a  member  part  of 
three  successive  years.  There,  his  presence  was  soon  felt 
in  the  introduction  of  bills,  parts  of  a  comprehensive  and 


*  Randall,  i.  198.  Memoir  by  Jefferson,  Works,  i.  29.  "  Our  delegation 
had  been  renewed  for  the  ensuing  year,  commencing  Aug.  11,  but  the  new 
govenmient  was  now  organized,  a  meeting  of  the  legislature  was  to  be  held  in 
October,  and  I  had  been  elected  a  member  by  my  county.  I  knew  that  our 
legislation,  under  the  regal  government,  had  many  very  vicious  points  which 
urgently  required  reformation,  and  I  thought  I  could  be  of  more  use  in  forward- 
ing that  work.  I  therefore  retired  from  my  seat  in  Congress  on  the  2d  of  Sep- 
tember, resigned-it^  and  took  my  place  in  the  legislature  on  the  7th  of  October." 


64:  THE   KEPUBLIO.  [1783. 

important  system  of  legislation,  and  in  the  revision,  with 
"  able  coadjutors,"  of  the  existing  laws. 

On  the  first  of  June,  seventy-nine,  he  was,  as  has  been 
related,  elected  Governor  by  the  legislature.  His  delin- 
quency in  the  fulfillment  of  its  duties,  before  partially 
disclosed,  but  of  which  fuller  evidence  exists,  has  been 
shown.  Defending  himself  as  to  almost  every  other  period 
of  his  history,  it  would  seem  remarkable  that  he  should 
have  left  this  part  of  his  story  to  a  foreigner,  tracing  it 
in  secrecy  under  his  own  eye.*  But  his  own  brief  post- 
humous allusion  to  it  is  not  to  be  mistaken.  "  From  a 
belief,"  he  states  in  a  memoir  of  his  life,  "  that,  under  the 
pressure  of  the  invasion  under  which  we  were  then  labor- 
ing, the  public  would  have  more  confidence  in  a  military 
chief,  and  that  the  military  commander,  being  invested 
with  the  civil  power  also,  both  might  be  wielded  with 
more  energy,  promptitude,  and  effect  for  the  defence  of 
the  State,  I  resigned  the  administration  at  the  end  of  my 
second  year,  and  General  Nelson  was  appointed  to  suc- 
ceed me." 

,Were  it  a  question  of  military  capacity,  this  plea  might 
have  served ;  but  it  was  a  point  of  honour,  of  personal 
courage,  of  fidelity  to  his  station,  and  to  his  State. 

What  is  this  but  a  cry  for  quarter  ?  unmanning  him- 
self by  the  poor  excuse,  that  he  was  not  educated  to  the 
command  of  armies.  Of  the  heroes  of  the  revolutionary 
war,  how  many  had  been  educated  to  arms?  Were 
Prescott  and  Warren,  Knox  and  Pickering,  Greene  and 


*  Mr.  Girardin,  "who  -wrote,"  Jefferson  relates  (Works,  i.  41),  "his  con- 
tinuance of  Burke's  history  of  Virginia,  while  at  ]\Iilton,  in  this  neighborhood, 
had  free  access  to  all  my  papers,  while  composing  it,  and  has  given  as  faithful  an 
account  as  I  could  myself.  For  this  portion,  therefore,  of  my  own  life,  I  re- 
fer altogether  to  his  history." 


^T.  26.]  ^  HAMILTOIT.  65 

OIney,  Smallwood  and  Howard,  Lee  and  Morgan,  Gra- 
ham and  Marion,  soldiers  by  education  ?  Did  they  wait 
to  be  soHcited,  importuned,  besought  to  incur  hazard  for 
their  country  ?  or  did  they  rush  foremost  and  onward, 
seeking,  soUciting  posts  of  danger  ;  and  by  their  example, 
making  posts  of  danger — posts  to  be  sought,  solicited 
above  all  others,  by  the  brave  of  their  countrymen,  rich 
and  poor,  old  and  young,  educated  and  untaught,  clergy 
and  laity,  even  by  its  women  ?  Jefferson  makes  no  defence, 
demands  no  investigation.  His  absolution  by  the  legisla- 
ture, of  which  he  was  a  member,  was  the  absolution  of  a 
penitent,  granted  twelve  months  after  the  offence,  in  most 
guarded  terms — not  an  acquittal  from  charges  preferred, 
for  they  were  smothered.  Knowing  its  little  value,  this 
absolution  did  not  content  him.  Though  remaining  a 
member  of  that  body,  he  did  not  attend  its  ensuing  session. 
His  eleve,  Monroe,  also  a  member,  urges  his  presence. 
His  reply  shows  not  the  mdignant  sense  of  undeserved 
dishonor,  but  his  humihation  and  his  shame,  talks  of 
satisfied  ambition,  his  passion  for  private  life,  and 
"  mental  quiet,"  of  his  consultation  of  what  best  suited 
self;  and  admits  his  consciousness  of  universal  condemna- 
tion. 

"  Before  I  ventured  to  declare  to  my  countrymen  my 
determination  to  retire  from  public  employment,  I  exam- 
ined well  my  heart  to  know  whether  it  were  thoroughly 
cured  of  every  principle  of  pohtical  ambition,  whether  no 
lurking  particle  remained  which  might  leave  me  uneasy, 
when  reduced  within  the  limits  of  mere  private  life.  I 
became  satisfied,  that  every  fibre  of  that  passion  was 
thoroughly  eradicated.  I  examined  also,  in  other  views, 
my  right  to  withdraw.  I  considered  that,  by  a  constant 
sacrifice  of  time,  labor,  parental  and  friendly  duties,  I  had, 
so  far  from  gaining  the  affection  of  my  countrymen,  which 
Vol.  III.— 5 


m  THE   KEPUBLIO.  .    [1783. 

was  the  omy  reward  I  ever  asked  or  could  have  felt,  even 
lost  the  small  estimation  I  had  before  possessed,  (That, 
however,  I  might  have  comforted  myself  under  the  disap- 
probation of  the  well  meaning,  but  uninformed  people,  but 
that  of  their  representatives  was  a  shock  on  which  I  had 
not  calculated.)  But,  in  the  meantime,  I  had  been  suspected 
in  the  eyes  of  the  world,  without  the  least  hint  then  or 
afterwards,  being  made  public,  which  might  restrain  them 
from  supposing,  that  I  stood  arraigned  for  treason  of  the 
heart,  and  not  merely  weakness  of  the  head ;  and  I  felt 
that  these  injuries,  for  such  they  have  been  since  acknowl- 
edged, had  inflicted  a  wound  on  my  spirit  which  will  only 
be  cured  by  an  all-healing  grave."  * 

Ere  six  months  had  elapsed,f  being  appointed,  on  the 
motion  of  Madison,  as  previously  stated,  a  commissioner 
to  join  in  the  pending  negotiation  at  Paris,  he  repaired  to 
Philadelphia. 

He  had  declined  a  mission  in  seventy-six,  instituted  to 
obtain  the  all-important  aid  of  France.:]:  Again  appointed, 
early  in  eighty-one,  he  again  declined.  It  was  now  stated 
in  his  behalf,  that  a  recent  domestic  calamity  had  probably 
changed  his  sentiments  that "  all  the  reasons  for  his  original 
appointment  still  existed,  and  had  acquired  additional 
force,  from  the  improbability,  that  Laurens  would  actually 


*  May  20,  1782.  Yet  Madison  wrote  him,  January  15,  1782  :  "  Your 
favor  of  the  —  day  of  — ,  written  on  the  eve  of  your  departure  from  Rich- 
mond, came  safe  to  hand  by  the  last  week's  post.  The  result  of  the  attack  on 
your  administration  was  so  fully  anticipated  that  it  made  little  impression 
on  me." 

f  Nov.  12,  1782. 

X  Jefferson's  Works,  i.  41.  The  quotation  in  note,  vol.  ii.  469,  is  erro- 
neously referred  to  his  second  declension.  This  error  is,  however,  of  no 
moment,  as  Jefferson  writes  on  the  same  page,  "  The  same  reasons  obliged  me 
still  to  decline." 


JSt.  26.]  '  HAMILTON.  67 

assist  in  the  negotiation."  *  This  appeal  prevailed.f  But 
a  summary  superseding  of  Laurens,  from  peculiar  circum- 
stances, must  have  been  offensive  to  a  generous  mind  ; 
and  advices  from  Europe  rendered  welcome  a  resolution, 
which  passed,  that  Jefferson  *^must  not  proceed  on  his  in- 
tended voyage,  until  further  instructions."  Owing  to  the 
same  cause  which  had  before  deterred  him,  "  the  vigilance 
of  British  cruisers,"  his  departure  was  delayed,  and,  intel- 
ligence being  received  of  the  conclusion  of  the  Provisional 
treaty,  Hamilton,  as  chairman  of  a  committee,  reported  on 
the  first  of  April,  eighty-three,  "  that  the  object  of  his  ap- 
pointment was  so  far  advanced  as  to  render  his  services 
no  longer  necessary."  J 

This  report,  made  solely  on  adequate  public  grounds, 
being  slightly  modified,  was  accepted.  As  Jefferson  never 
forgave  any  man,  by  whom  he  was  thwarted  in  a  favour- 
ite object,  it  may  well  be  supposed,  that  the  source  of  this 
disappointment  would  not  be  forgotten.  The  dissatisfac- 
tion would  not  be  less,  if  Jefferson  believed  that  Hamilton's 
knowledge,  as  a  member  of  Washington's  staff,  and  as 
the  friend  of  Steuben,  of  his  delinquency  in  Virginia,  had 
increased  his  disinclination  to  confide  to  him  the  great, 
pregnant  interests  of  the  country.  He  had  penetrated 
Jefferson's  tendencies,  and  felt  assured  that  the  negotia- 
tion was  "  in  good  hands." 

*  Madison's  Debates,  i.  196. 

f  Dec.  30, 1782 :  "  Mr.  Jefferson  arrived  here  on  Friday  last,  and  is  indus- 
triously arming  himself  for  the  j?eZJ  of  negotiation.  The  commission  issued  to 
Mr.  Oswald  impresses  him  with  a  hope  that  he  may  have  nothing  to  do  on  his 
arrival  but  join  in  the  celebration  of  victory  and  peace.  Congress,  however, 
anxiously  espouse  the  expediency  of  his  hastening  to  his  destination."  March 
11,  1783,  "Mr.  Jefferson  is  still  here  agitated^  as  you  may  suppose,  with  the 
suspense  in  which  he  is  kept.  He  is  anxious  as  myself,  for  your  going  into  the 
legislature."— 3/rt(?i*o?i  to  Edmund  Randolph,  Debates,  i.  495,  514. 

X  Vol.  i.  25,  Hamilton's  Autograph,  Department  of  State. 


68  THE   REPUBLIC.  [1788. 

A  mission  to  Europe  was  still  Jefferson's  absorbing  de- 
sire. No  mode  of  attaining  it  was  more  probable  than 
his  again  being  seated  in  Congress.  He  returned  forth- 
with to  Virginia.  This  was  the  time  for  oblivion,  and 
blandishment,  and  solicitation.  The  men  of  real  firmness, 
mourning  over  the  disgrace  he  had  brought  upon  the 
state,  had  retired  to  their  distant  homes.  New  men  were 
in  the  political  field  in  the  hands  of  skilful  managers. 
Edmund  Randolph,  his  kinsman,  was  then  attorney-gen- 
eral. James  Monroe,  his  former  pupil,  was  a  member 
of  the  Burgesses.  Madison,  bound  as  with  a  spell  under 
his  influence,  retired  from  congress  to  give  him  place.  At 
this  moment  of  languor  and  of  weakness,  when  this  wan- 
ing body  was  almost  mocked,  when  the  confederation  was 
approaching  its  dissolution,  Jefferson  was  proposed,  as  it 
would  seem,  to  witness  its  expiring  hours.  He  was  chosen 
a  delegate,  conjointly  with  Monroe,*  on  the  sixth  of  June ; 
and  on  the  second  day  of  its  session,  after  an  interval  of 
more  than  seven  years,  took  his  seat  in  a  council  over 
which  Mifflin  was  elected  to  preside,  and  where  Gerry 
was  almost  a  leader. 

Two  days  after,  Congress  was  adjourned  to  meet  at 
Annapolis,  the  capital  of  a  state,  whose  statesmen  never 
shrunk  from  danger,  and  whose  soldiers  would  not  retreat. 
Here  a  quorum  was  not  formed  until  the  thirteenth  of 
December,  on  which  day  seven  states  were  represented. 

A  week  after,  Washington  arriving,  announced  to  con- 
gress his  intention  to  ask  leave  to  resign  his  commission, 
"  desiring  to  know  their  pleasure  in  what  manner  it  will  be 
most  proper  to  offer  his  resignation,  whether  in  writing, 
or  at  an  audience."  On  Tuesday  the  twenty-third,  he  was 
admitted  to  a  public  session. 

*  Their  colleagues  were,  S.  Hardy,  Arthur  Lee,  and  John  Francis  Mercer. 


^T.  26.]  '  HAMILTON.  69 

Ere  this  auaience  took  place,  on  tne  morning  of  this 
day,  Washington  performed  one  of  the  most  graceful  acts 
of  his  life.  Nearly  twelve  months  before,  Hamilton  re- 
ported resolutions  to  congress,  declaring  "  that  the  sacrifices 
and  services  of  the  Baron  de  Steuben,  justly  entitle  him 
*o  the  distinguished  notice  of  congress,  and  to  a  generous 
compensation."  The  old  baron,  as  Hamilton  affection- 
ately called  him,  was  suffering  from  the  impoverishment 
of  the  nation.  Poor  himself,  and  almost  without  hope,  he 
was  waiting  a  remote  justice,  the  delay  of  which  the 
veteran  could  with  difficulty  comprehend. 

Washington  wrote  to  him :  "  Although  I  have  taken 
frequent  opportunities,  both  public  and  private,  of  ac- 
knowledging your  great  zeal,  attention  and  abilities,  in 
performing  the  duties  of  your  office  ;  yet  I  wish  to  make 
use  of  this  last  moment  of  my  public  life  to  signify,  in  the 
strongest  terms,  my  entire  approbation  of  your  conduct, 
and  to  express  my  sense  of  the  obligations  the  public  is 
under  to  you,  for  your  faithful  and  meritorious  services. 
I  beg  you  will  be  convinced,  my  dear  sir,  that  I  should 
rejoice,  if  it  could  ever  be  in  my  power  to  serve  you 
more  essentially  than  by  expressions  of  regard  and  affec- 
tion ;  but,  in  the  mean  time,  I  am  persuaded  you  will  not 
be  displeased  with  this  farewell  token  of  my  sincere  friend- 
ship and  esteem  for  you.  This  is  the  last  letter  I  shall 
write,  while  I  continue  in  the  service  of  my  country.  The 
hour  of  my  resignation  is  fixed  at  twelve  to-day ;  after 
which  I  shall  become  a  private  citizen  on  the  banks  of  the 
Potomac,  where  I  shall  be  glad  to  embrace  you,  and  tes- 
tify my  great  esteem  and  consideration." 

At  the  appointed  hour,  Washington  entered  the  hall 
of  congress,  conducted  by  its  secretary,  and  took  his  seat. 
The  scene  had  a  simple,  touching  grandeur,  which  military 
and  civic  pomp  would  have  lessened. 


70  THE   REPUBLIC.  [1783. 

The  presence  of  a  few  ladies  of  distinction,  of  the 
functionaries  of  Maryland  and  of  a  few  general  officers, 
compensated  for  the  absence  of  many  members  of  that 
body,  only  twenty  delegates  being  present,  who  received 
him,  as  was  the  usage  on  such  occasions,  seated  and 
covered. 

After  a  pause,  the  president  informed  him  that  the 
United  States,  in  congress  assembled,  were  prepared  to 
receive  his  communications.  The  retiring  soldier  was  now 
in  his  fifty-second  year.  His  hair  a  little  gray,  his  light 
blue  eyes,  fair  florid  cheeks  spoke  his  English  descent. 
His  serene,  solemn  countenance  told  of  past  solicitudes 
and  toils,  while  his  modesty  showed  that  temptation  had 
left  him  without  leaving  a  sigh  behind,  conscious  virtue 
appearing  in  virtue's  proper  garb.  He  arose  conspicuous 
for  his  tall,  manly  form,  and  with  a  majestic  dignity  no 
crowned  head,  under  "  emblazoned  canopy,"  *  amid  all  the 
splendour  and  surroundings  of  imperial  retinue,  ever  sur- 
passed, briefly  addressed  the  council  of  the  nation :  "  The 
great  events  on  which  my  resignation  depended,  having 
at  length  taken  place,  1  have  now  the  honour  of  offering 
my  sincere  congratulations  to  congress,  and  of  presenting 
myself  before  them,  to  surrender  into  their  hands  the  trust 
committed  to  me,  and  to  claim  the  indulgence  of  retiring 
from  the  service  of  my  country.  Happy  in  the  confirma- 
tion of  our  independence  and  sovereignty,  and  pleased 
with  the  opportunity  afforded  the  United  States  of  becom- 
ing a  respectable  nation,  I  resign  with  satisfaction  the 
appointment  I  accepted  with  diffidence  in  my  abilities 
to  accomplish  so  arduous  a  task ;  which  however  was 
superseded  by  a  confidence  in  the  rectitude  of  our  cause, 
the  support  of  the  supreme  power  of  the  Union,  and  the 

*  Prescott's  Philip  the  Second,  i.  ii. 


^T.  26.]         V  HAMILTON.  71 

patronage  of  heaven.  The  successful  termination  of  the 
war  has  verified  the  most  sanguine  expectations ;  and  my 
gratitude  for  the  interposition  of  Providence,  and  the 
assistance  I  have  received  from  my  countrymen,  increases 
with  every  review  of  the  rnomentous  contest.  While  I 
repeat  my  obligations  to  the  army  in  general,  I  should  do 
injustice  to  my  own  feelings,  not  to  acknowledge  in  this 
place,  the  pecuhar  services  and  distinguished  merits  of  the 
gentlemen  who  have  been  attached  to  my  person  during 
the  war.  It  was  impossible  the  choice  of  confidential  officers 
to  compose  my  family  should  have  been  more  fortunate. — 
I  consider  it,"  he  added,  "  an  indispensable  duty,  to  close 
this  last  act  of  my  official  life  by  commending  the  interests 
ojf  our  dearest  country  to  the  protection  of  Almighty  God, 
and  those  who  have  the  superintendence  of  them  to  his 
holy  keeping.  Having  now  finished  the  work  assigned 
me,  I  retire  from  the  great  theatre  of  action,  and  bidding 
an  affectionate  farewell  to  this  august  body,  under  whose 
orders  I  have  so  long  acted,  I  here  offer  my  commission, 
and  take  my  leave  of  all  the  employments  of  public 
life." 

Under  the  moving  influence  of  female  tears,  the  Pres- 
ident replied,  acknowledging  "  his  wisdom  and  fortitude, 
invariably  regarding  the  rights  of  the  civil  power  through 
all  disasters  and  changes." — "  Having  defended  the  stand- 
ard of  liberty  in  this  new  world,"  he  remarked,  "  having 
taught  a  lesson  useful  to  those  who  feel  oppression,  you 
retire  from  the  great  theatre  of  action,  with  the  blessings 
of  your  fellow-citizens,  but  the  glory  of  your  virtues  will 
not  terminate  with  your  military  command ;  it  will  con- 
tinue to  animate  remotest  ages." 

This  duty  performed,  Washington  repaired,  unat- 
tended, to  Mount  Vernon.  "  He  was,  perhaps,  the  only 
man  who  ever   conducted   and  terminated   a  civil  war, 


72  THE    REPUBLIC.  [1783. 

without  having  arawn  upon  himself  any  deserved  cen- 
sure," is  the  just  tribute  of  a  companion  in  arms  to  his 
excelHng  virtue.* 

It  may,  indeed,  be  truly  said,  that  he  was  the  only 
man  into  whose  mind,  with  a  devoted  army  and  amid  an 
idolizing  people,  the  wish  of  increased  or  prolonged  power 
never  entered. 

This  ceremony  being  concluded,  congress  adjourned, 
and  such  was  the  remissness  of  the  members,  that  not- 
withstanding a  call  upon  the  States,  urging  the  necessity 
of  ratifying  the  definitive  treaty,  a  meeting  of  nine  States 
was  not  had  until  the  fourteenth  of  January,  when  the 
treaty  was  definitively  ratified,  and  a  resolution  was 
adopted,  recommending  the  restitution  of  confiscated 
property. 

A  provision  for  the  interest  on  a  part  of  the  debt 'was 
brought  under  consideration  the  following  day,  by  a  me- 
morial from  the  holders  of  loan-office  certificates,  when  a 
declaratory  resolution  was  adopted,  that  they  were  not 
subject  to  depreciation.  A  representation  by  the  foreign 
officers,  not  attached  to  the  state  lines,  of  the  hardships 
incurred  by  them  from  being  paid  in  depreciated  paper, 
was  soon  after  communicated,  and  directions  were  given 
to  the  superintendent  of  finance  to  pay  them  such  sums, 
on  account  of  their  pay,  as  would  relieve  them  from 
their  embarrassments,  and  enable  them  to  return  to 
Europe.  With  the  exception  of  the  acceptance  from 
Virginia  of  a  cession  of  her  western  territory,!  nothing 

*  Memoires  de  Segur. 

t  The  deed  of  cession  contained  tliis  provision — "  That  all  the  lands  within 
the  territory  so  ceded  to  the  United  States,  and  not  reserved  for,  or  appro- 
priated to  any  of  the  before  mentioned  purposes,  or  disposed  of  in  bounties  to 
the  ofl&cers  and  soldiers  of  the  American  army,  shall  be  considered  as  a  com- 
'mon  fund,  for  the  use  and  benefit  of  such  of  the  United  States,  as  have  be- 


^T.  27.]  >  HAMILTON.  73 

of  moment,  owing  to  the  continued  remissness  of  the  dele- 
gates, was  done  until  the  month  of  April,  when  the  grand 
committee,  of  which  Jefferson  was  chairman,  presented  a 
report  on  the  finances.  This  document — after  exhibiting 
an  account  for  the  interest  on  the  debt,  and  the  current 
services  of  the  year  seventeen  hundred  and  eighty-four, 
(^  five  millions  four  hundred  and  eighty  thousand  dollars, 
and  referring  to  the  resolutions  of  the  last  congress  for  the 
establishment  of  an  impost,  the  delay  of  which  rendered 
other  measures  necessary  for  the  discharge  of  the  debt — 
proceeded  to  represent,  that  as  to  twelve  hundred  thousand 
dollars  of  interest,  it  was  not  embraced  in  the  account, 
because  as  the  requisition  of  seventeen  hundred  and 
eighty-two  had  given  license  to  the  states  to  apply  the 
requisite  part  of  their  quotas  to  the  payment  of  interest  on 
the  loan  office,  and  other  liquidated  debts  of  the  United 
States,  they  supposed  that  the  "  actual  payment  of  these 
quotas  had  been  uncommunicated  to  the  office  of  finance." 
It  then  urged,  that  the  United  States  should  communicate  to 
that  office  the  amount  paid,  and  hasten  the  collection  of 
the  residue.  It  next  inquired,  whether  any  surpluses  re- 
mained of  former  requisitions ;  and  in  this  inquiry,  pro- 
ceeding on  the  ground  that  for  part  of  those  requisitions 
certificates  were  received,  which  were  transferred  to  the 
fund  proposed  to  be  raised  by  the  impost,  the  result  was 
arrived  at,  that  a  surplus  remained  exceeding  five  and  a 
half  millions  of  dollars,  which  surplus  it  was  proposed  to 
apply  to  the  existing  demands  ;  in  order  to  prevent  any 
new  requisitions,  not  a  sum  equivalent  to  these  demands. 


come  or  shall  become  members  of  the  confederation  or  federal  alliance  of  the 
said  states,  Virginia  inclusive,  according  to  their  several  respective  propor- 
tions in  the  general  charge  and  expenditure,  and  shall  be  faithfully  and  bona 
fode  disposed  of  for  that  purpose  and  for  no  other  use  or  purpose  whatsoever.^* 
This  deed  was  executed,  March  1,  1784,  by  Jefferson,  Lee,  Hardy,  and 
Monroe. 


J4:  THE  EEPUBLIC.  [1784. 

but  from  a  regard  to  the  "  exhausted  state  of  the  country," 
three-fourths  of  it. 

The  "abler  states"  were  then  "  encouraged"  to  contrib- 
ute as  much  more  as  was  practicable,  to  be  applied  to 
the  payment  of  the  interest  and  principal  of  the  debt, 
and  to  be  credited  in  future  requisitions ;  and  an  assur- 
ance was  given,  that  before  any  further  demands  should 
be  made,  a  revision  of  the  quotas  of  the  states  would 
be  had. 

By  this  scheme,  the  amount  to  be  required  was  reduced 
to  about  four  and  a  half  milUons.  To  give  further  facilities 
to  the  states,  it  was  proposed,  that  one  half  of  this  sum  should 
be  called  for  in  money ;  that  the  other  moiety,  being  the 
interest  on  the  domestic  debt,  should  be  met  by  discounts 
of  interest  with  the  domestic  creditors,  for  which,  trans- 
ferable certificates  were  to  be  issued,  receivable  in  lieu  of 
money.  A  proposition  of  McHenry,  to  refer  this  report 
to  the  superintendent  of  finance,  was  negatived,  and  on  a 
subsequent  day,  a  motion  was  made  by  Jefferson  to  re- 
duce the  amount  to  be  collected  from  three-fourths  to  one 
half  of  the  original  sum,  which,  though  defeated  on  the 
first  vote,  prevailed  after  protracted  and  frequent  de- 
bates. 

This  report  was  ultimately  adopted ;  and  although  it  had 
admitted  that  nearly  five  millions  and  a  half  were  neces- 
sary for  the  current  service,  the  amount  required  by  it 
was  reduced  to  a  little  more  than  two  and  a  half  niillions 
of  dollars,  a  measure  that  left  a  large  sum  of  interest  un- 
provided for,  which  was  raised  by  the  succeeding  con- 
gress. This  was  a  complex  affair.  By  preventing  col- 
hsions  as  to  the  respective  quotas  of  the  states,  and  by 
imposing  upon  a  future  congress  the  irksome  office  of  de- 
manding increased  contributions,  it  was  better  adapted  to 
secure  a  temporary  popularity,  and  to  subserve  personal 


^T.27.]  -  HAMILTON.  75 

objects,  tnan  to  discharge  the  public  engagements,  or  to 
promote  the  public  welfare.* 

The  refusal  to  refer  this  report  to  the  superintendent 
of  finance,  is  indicative  of  the  relations  between  that 
officer  and  this  congress.  He  soon  after  resigned  his 
office,  and  his  powers  were  consigned  to  a  new  board  of 
treasury. 

While  this  subject  had  in  part  occupied  their  attention, 
a  planf  was  discussed  for  the  government  of  the  western 
territory,  and  principles  were  estabhshed  on  which,  when 
sufficiently  peopled,  it  should  be  formed  into  subdivisions, 
to  be  admitted  as  members  of  the  confederacy.     The  re- 

*  In  a  letter  from  Rufus  King,  a  delegate  in  the  succeeding  congress,  to 
Gerry,  it  is  observed :  "  The  recommendation  of  the  twenty-seventh  April, 
seventeen  hmidred  and  eighty-four,  is  the  source  of  great  embarrassment. 
Congress  thereby  declare,  that  they  will  not  call  for  further  moneys  until  the 
states  have  all  paid  up  former  deficiencies ;  and  they  engage  to  credit  ad- 
vances  over  the  moiety  of  the  eight  millions  of  dollars  in  the  next  requisition. 
The  recommendation  of  last  year,  which  is  a  very  complex  affair,  also  states, 
that  before  the  residue  of  the  eight  and  two  millions  of  dollars,  not  thereby 
called  for,  should  be  required,  congress  would  revise  the  rule  of  apportion, 
ment,  and  make  it  conformable  to  justice,  upon  the  best  evidence  in  their 
power  at  the  time.  South  Carolina,  in  the  apportionment  of  the  eight  mil- 
lions,  stands  at  the  same  sum  as  New-Hampshire.'  Revise  the  rule,  and  con- 
form it  to  justice,  and  South  Carolina  will  stand  at  a  larger  sum,  and  other 
states  at  a  less.  This  is  what  I  contend  for ;  and  if  it  succeeds,  we  shall 
bring  in  South  Carohna.  Indeed,  it  may  be  questionable  whether  we  ought 
not  to  reconsider  the  recommendation  of  last  year  on  this  subject,  and  to  en- 
join  it  upon  the  states  to  comply  with  the  expectations  of  congress,  in  paying 
a  moiety  of  the  quotas  of  the  eight  millions  last  year  required,  and  make  a 
new  requisition  for  the  moneys  necessary  for  the  present  year,  without  refer- 
ence to  former  requisitions.  It  will  be  the  occasion  of  confusion  and  intrica- 
cy,  if  every  new  requisition  upon  the  states  for  money  is  to  operate  as  a 
balance.bill  to  all  preceding  demands." 

t  Jefferson's  plan,  dated  March  1st,  1784,  proposed  that  each  state  should 
comprehend  two  degrees  of  latitude,  divided  by  north  and  south  parallels,  and 
that  they  should  be  named  Sylvania,  Michigania,  Chersonesus,  Assinipia, 
Metropotamia,  lUinoia,  Saratoga,  Washington,  Polypotamia,  Pelisipia,  and 
should  become  states  as  soon  as  each  contained  40,000  souls. 


76  THE  REPUBLIC.  [1784. 

port  was  from  Jefferson,  Chase,  and  Howell.  It  is  to  be 
remarked,  that  it  embodied  a  proviso  for  the  exclusion  of 
slavery  in  the  contemplated  states,  after  the  commence- 
ment of  the  nineteenth  century,  which,  though  sustained 
by  the  votes  of  all  (but  the  southern  states,)  and  by  those 
of  Jefferson  and  Williamson,  was  expunged.*  This  report 
is  a  remarkable  event  in  the  history  of  its  author.  It  con- 
templated an  exercise  of  the  highest  powers  of  govern- 
ment ;  nothing  less  than  the  creation  of  independent 
states ;  their  admission  as  members  of  the  confederacy, 
and  the  determination  of  the  conditions  of  such  admission. 
But  it  was  an  exercise  of  powers  not  delegated  to  the 
confederation  !  "  All  this  was  done  without  the  least  col- 
our of  constitutional  authority  ;  yet  no  blame  was  whisper- 
ed, no  alarm  sounded.  The  public  interest,  the  necessity 
of  the  case,  imposed  upon  Congress  the  task  of  overleaping 
their  constitutional  authority."! 

The  cession  by  Virginia  of  the  vast  territory  she 
claimed  as  her  own,  questionable  as  was  her  claim,  is  seen 
to  have  been  a  matter  of  highest  interest  to  all  but  the 
three  most  southern  states.  New  England  looked  to  it  as 
the  region  where  her  industrious  population  would  find 
an  ample  home  with  their  spires  and  their  school-houses 
amid  its  open  glades  and  mighty  forest  wilds.  New  York 
saw  the  importance  of  adjusting  the  great  question  of  ter- 
ritorial rights  ;  and  all  the  states,  Virginia  excepted,  re- 
garded it  as  "  a  common  fund  "  to  discharge  the  debts  and 
to  provide  for  the  necessities  of  the  confederacy.  Mary- 
land is  seen  to  have  withheld  her  assent  to  the  articles  of 
confederation,  waiting,  insisting,  on  this  cession. 


*  The  expunging  vote  was  on  the  19th  of  April,  1784. — Journal,  iv.,  373. 
f  Such  was  the  charge,  and  such  the  defence. — Federalist,  No.  38,  by 
Madison. 


iET.  27.]  >  HAMILTON. 

Thus  Jefferson,  in  the  act  of  executing  this  grant 
not  have  performed  a  more  grateful  office. 

The  plan,  reported  by  him,  for  the  government  of  the 
ceded  territory,  ere  long  repealed  because  of  its  incon- 
venience,* in  the  exclusion  of  slavery,  is  seen,  by  the  vote, 
to  have  had  a  large  acceptance, — while  the  proposed  re- 
duction of  the  demands  of  the  Treasury,  fallacious  as  it  was, 
was  welcome  to  men,  blind  to,  or  paltering  with  their  duty. 

In  public  affairs  nothing  is  more  replete  with  danger 
than  a  want  of  decision  ;  and  no  maxim  is  more  frequently 
present  in  the  history  of  the  United  States  than  that 
briefly  uttered  by  Hamilton, — "Decision  is  true  wisdom." 

The  proceedings  stated  were  all  of  a  sort  to  smooth 
the  way  to  the  gratification  of  Jefferson's  chief  desire. 

The  events  of  the  last  year  had  shown  that  every  effort 
to  conclude  a  commercial  treaty  with  Great  Britain,  had 
been  vain,  and  if  France  could  have  been  previously  in- 
duced to  adopt  a  more  liberal  policy,  the  negotiations  for 
the  treaty  of  peace  had  dispelled  every  hope  of  that  kind. 
The  previous  Congress  had,  in  conformity  with  Hamilton's 
views,  dissuaded  a  multiplication  of  pacts  with  foreign  na- 
tions, until  the  confederacy  should  have  been  invested 
with  an  efficient  control  over  its  members,  and  until  time 
and  experience  should  have  indicated  what  system  of  reg- 
ulations would  best  promote  the  permanent  interests  of 
the  United  States.  But  the  recent  overtures  were  to  be 
met,  and  when  the  field  of  ambition  was  so  circumscribed 
at  home,  nothing  could  be  more  attractive  than  the  position 
of  determining  the  foreign  relations  of  this  youthful  em- 
pire ;  nor  more  enchanting  to  a  visionary  mind,  than  the 
attempt  to  overturn  at  once  the  prevailing  maxims  of  Eu- 
ropean diplomacy,  and  to  substitute  an  universal  system  of 

*  Curtis,  ii.,  344. 


78  THE  REPUBLIC.  [1784. 

free  trade.  The  mode  adopted  to  obtain  this  object  was 
as  certain  to  result  in  failure,  as  the  object  was  at  that  time 
hopeless.  It  was  a  novel  idea,  and  had  an  imposing  air, 
to  establish  a  central  commission  at  Paris,  whither  the  na- 
tions of  Europe  might  resort,  to  ask  a  participation  in  the 
commerce  of  the  new  world.  Should  the  dignity  of  Brit- 
ain scorn,  or  the  pride  of  Spain  revolt  at  the  idea  of  ne- 
gotiating under  the  supervision  of  France,  yet  still  it 
would  be  a  happy  thing  to  escape  the  turmoils  of  a  jarring 
confederacy,  to  withdraw  from  the  sufferings  of  a  recent 
war,  and  to  enjoy  the  only  official  emoluments,  ease  and 
honour,  which  the  penury  of  the  people  could  support.  To 
others,  was  left  the  labour  of  building  up  the  constitution 
of  the  country. 

Jefferson  introduced  a  report  on  the  foreign  relations. 
After  reciting  the  advantages  to  be  derived  from  treaties 
with  the  various  nations  of  Europe,  he  proposed  that 
each  treaty  should  contain  a  stipulation  that  each  party 
should  have  the  right  to  carry  their  ovirn  produce,  manu- 
factures, and  merchandise,  in  their  own  bottoms  to  the 
ports  of  the  other,  and  thence  to  take  the  produce  and  man- 
ufactures of  the  other,  paying  such  duties  only  as  are  paid 
by  the  most  favoured  nation, — freely,  where  freely  grant- 
ed to  such  nation,  and  paying  the  compensation  where 
such  nation  does  the  same.  "  That  with  nations  hold- 
ing possessions  in  America,  a  direct  and  similar  inter- 
course be  admitted  between  the  United  States  and  such 
possessions ;  or  if  that  could  not  be  obtained,  a  direct  and 
similar  intercourse  between  the  United  States  and  certain 
free  ports  within  such  possessions.  If  neither  of  these — 
permission  to  bring,  in  their  own  bottoms,  their  produce 
and  merchandise  to  the  United  States  directly,  and  similar 
permission  to  the  United  States  as  to  their  produce 
and  vessels  ;  or  else,  a  permission  to  the  inhabitants  of 
such  possessions  to  carry  their  produce  and  merchandise 


^T.27.]  V  HAMILTON.  79 

in  their  own  bottoms  to  the  free  ports  of  other  na- 
tions ;  and  thence  to  take  back,  directly,  the  produce  and 
merchandise  of  the  United  States ;  and  that  in  all  such 
treaties,  the  United  States  should  be  regarded  as  one  na- 
tion, upon  the  principles  o£the  federal  constitution."  Provis- 
ions that  free  ships  should  make  free  goods,  defining  articles 
of  contraband  and  the  state  of  blockade,  were  also  to  be 
made ;  with  the  additional  stipulation,  that  a  contraband 
trade  should  not  induce  confiscation. 

Security  was  also  to  be  assured  to  persons  following 
the  peaceful  arts  ;  and  a  stipulation  that  private  ships  should 
continue  their  trade  free  and  unmolested  during  war,  and 
that  privateers  should  not  be  employed,  was  proposed. 
Aliens  were  to  be  excluded  holding  real  estate  within  the 
United  States,  as  "  utterly  inadmissible  by  their  several  laws 
and  policy  ;"  but  in  case  they  did,  it  was  not  on  their  de- 
mise to  escheat,  but  might  be  sold  for  the  benefit  of  their 
representatives.  All  treaties  were  to  be  limited  to  ten 
years,  unless  the  foreign  party  "  pertinaciously  insisted" 
on  their  being  extended  to  fifteen  years.  On  the  dis- 
cussion of  the  leading  principles  of  these  instructions, 
placing  each  nation  on  the  footing  of  the  most  favoured,  a 
substitute  was  offered  to  establish  the  intercourse  on  the 
basis  of  "  natives  ;"  but  if  this  could  not  be  obtained,  then 
on  that  of  "  the  most  favoured  nation."  This  amendment 
was  lost  on  the  vote  by  states,  though  of  the  members 
present,  a  majority  were  in  favour  of  it.*  It  was  also  con- 
tended that  a  distinction  ought  to  be  made  between  Brit- 
ish and  American  vessels  by  a  diflference  of  duties.  If  not 
then  made,  that  it  was  at  least  important  to  reserve  the 
power   of  making   such  a  discrimination   in  case,  pecu- 

*  Affirmative — Massachusetts,  Connecticut,  Pennsylvania,  Maryland, 
Virginia,  (three  to  two,)  Jefferson  and  Monroe  in  the  negative.  Negative— 
New-Hampshire  and  New-Jersey.  Divided— Rhode  Island,  New- York, 
North  and  South  Carolina. 


80  THE    KEPUBLIC.  [1784. 

liar  circumstances  should  render  its  exercise  necessary. 
Owing  to  these  differences  of  opinion,  it  was  moved 
to  postpone  acting  upon  this  report  until  the  disposition 
and  concurrence  of  the  several  state  legislatures  should  be 
ascertained,  which,  the  motion  stated,  "the  constitution 
renders  highly  prudent,  if  not  indispensably  necessary  in 
forming  commercial  treaties." 

With  this  motion  a  resolution  was  offered  directing 
foreign  powers  to  be  apprised  of  the  desire  of  the  United 
States  "  to  form  treaties  upon  terms  of  perfect  reciprocity 
and  equality ;  and  for  that  purpose,  were  ready  to  enter 
into  negotiations  in  Americar  Five  commissioners  had 
been  appointed  to  negotiate  the  treaty  with  England,  thus 
representing  each  important  section  of  the  union.  To 
gain  the  benefit  of  this  precedent,  it  had  been  proposed  to 
appoint  two  additional  commissioners.  One  of  the  objects 
of  this  resolution  was,  to  prevent  so  unnecessary  an  in- 
crease of  the  number  of  foreign  ministers.  But  it  was 
defeated,  and  the  report  of  Jefferson  was  recommitted. 
Another  report  had  recently  been  made  proposing  a  re- 
duction of  the  civil  list.  It  was  next  moved  to  postpone 
these  appointments  for  the  purpose  of  considering  this 
report.  The  division  of  states  being  equal,  this  motion 
was  also  lost.*  The  idea  of  two  additional  commission- 
ers was  then  abandoned,  and  it  was  moved  to  add  one  to 
the  existing  number. 

This  proposal  was  resisted,  and  in  lieu  of  it  a  declaratory 
resolution  was  offered,  "  that  the  interests  of  the  United 
States  do  not  require  more  than  three  commissioners 
plenipotentiary  to  be  supported  in  Europe  to  negotiate 
treaties  of  commerce."  This  declaration  would  have  de- 
feated Jefferson,  and  at  the  instance  of  Virginia  it  was 
superseded  by  the  previous  question.     A  debate  next  arose 

*  4  J.  C.  396-7. 


JEt.  27.]  "  HAMILTON.  81 

on  a  proposal  to  reduce  the  salaries  of  these  ministers,* 
which  prevailed.  To  prevent  this  reduction,  a  member 
from  Virginia  insisted  that  it  was  a  proposition  which  re- 
quired the  assent  of  nine  states.  This  extraordinary  ob- 
jection was  defeated,  only  five  members  voting  for  it ;  but 

•  the  next  day,  at  the  instance  of  Gerry,  the  salary  was 

•  established  at  nine  thousand  dollars. 

Jefferson  had  recommended  a  delusive  provision  for  the 
public  creditors,  and  had  urged  "forbearance,"  on  the 
ground  "  that  the  states  were  just  relieved  from  the 
ravages  of  predatory  armies,  returning  from .  an  attend- 
ance in  camps  to  the  culture  of  their  fields  ;  beginning  to 
sow,  but  not  yet  having  reaped  ;  exhausted  of  necessaries 
and  habitual  comforts,  and  therefore  needing  new  supplies 
out  of  the  first  proceeds  of  their  labour."  He  was  also 
of  the  committee  which  had  recommended  retrenchments 
in  the  public  expenditure,  and  -  which  did  not  contemplate 
in  their  report  this  additional  officer. 

Under  these  circumstances,  the  appointment  of  an  unne- 
cessary commissioner  was  viewed  as  proceeding  solely 
from  a  desire  to  bestow  office  on  an  individual,  by  a 
body  of  which  he  was  a  member,  without  any  regard  to 
the  condition  of  the  country.  It  gave  rise  to  much  dissat- 
isfaction. At  this  moment  a  letter  was  received  from 
Franklin,  announcing  that  Jay  had  determined  to  embark 
for  America.  The  motive  to  an  increase  of  the  number 
of  the  commission  now  ceased,  and  the  measure  was  aban- 
doned. 

The  office  of  secretary  of  foreign  affairs  was  vacant. 
Jay,  in  his  late  mission,  had  confirmed  the  confidence  of  the 
nation.  His  appointment  to  that  department  would  sat- 
isfy the  public,  and  propitiate  those  who  were  offended 
with  this  gross  and  glaring  effort  to  provide  for  a  favour- 

*  From  $11,000  to  $8,000. 
Vol.  III.— 6 


82  THE   KEPUBLIO.  [1784. 

ite.  The  dissatisfaction  given  by  Jay  to  the  partisans  of 
France  was  therefore  smothered,  and  yielded  to  the  present 
object ;  and  on  the  same  day,  the  seventh  of  May,  Jay  in  his 
absence,  at  the  instance  of  Gerry,  was  elected  to  the  foreign 
department;  and  with  his  concurrence, Jefferson,  on  the 
motion  of  a  colleague  from  Virginia,  was  chosen  to  fill  the 
vacancy  in  the  commission. 

An  occurrence  of  this  kind  could  not  fail  to  produce 
a  strong  and  lasting  impression.  A  twelvemonth  after, 
Massachusetts  urged,  through  her  delegates,  a  resolution 
that  no  member  of  congress  should  be  appointed  to  any 
office  during  the  term  for  which  he  was  elected  ;  and  a  pro- 
vision was  inserted  in  the  federal  constitution,  which  would 
seem  to  have  had  this  case  in  view.  It  rendered  a  mem- 
ber of  congress  ineligible  "  to  any  civil  office  that  had  been 
created,  or  the  emolument  whereof  had  been  increased,  du- 
ring the  time  for  which  he  was  elected." 

Jefferson's  commercial  report  was  now  again  brought 
forward  with  some  additions.  Of  these,  the  most  impor- 
tant was,  that  these  instructions  should  be  considered  as 
supplementary  to  those  of  October,  seventeen  hundred  and 
eighty-three  ;  that  where  the  commissioners  should  be  able 
to  form  treaties  on  principles  in  their  judgment  more  ad- 
vantageous to  the  United  States  than  those  of  the  report, 
they  were  permitted  to  adopt  such  principles,  and  that  it 
would  be  agreeable  to  have  supplementary  treaties  with 
France,  Holland,  and  Sweden,  which  may  bring  the  trea 
ties  previously  entered  into,  as  nearly  as  may  be  to  the 
principles  now  directed. 

Numerous  exceptions  were  taken  to  a  treaty  framed  on 
the  principle  of  these  instructions,  in  a  report*  subsequently 
made  to  congress  by  the  secretary  of  foreign  affairs. 
These  are  to  be  regarded,  not  as  exceptions  to  stipulations 

*  Report  of  Jay.— 2  D.  C.  234. 


^T.27.]  '  HAMILTOJ^.  83 

of  the  most  perfect  equality  and  reciprocity  in  a  particu- 
lar treaty  with  any  one  nation,  where  the  interest  of  the 
country  might  dictate  them,  but  as  exceptions  to  the  es- 
tablishment, at  that  time,  of  a  general  system  of  policy,  ex- 
cluding all  discriminations  or  prohibitions,  however  their 
necessity  might  be  indicated  by  peculiar  circumstances. 
Jay  thought  that  a  system  for  regulating  the  trade  of  the 
United  States  should  be  framed  and  adopted  before  they 
entered  into  further  treaties  of  commerce.  Various  rea- 
sons were  given  to  show  that  it  was  inexpedient  to  make 
the  conduct  of  the  parties  towards  the  most  favoured  na- 
tions, the  rule  of  their  conduct  towards  each  other ;  among 
these,  a  principal  one  was,  that  the  interchange  of  favours 
between  the  United  States  and  a  nation  merely  European, 
would  probably  be  regulated  by  principles  and  considera- 
tions distinct,  in  a  certain  degree,  from  those  which  should 
regulate  such  an  interchange  between  them  and  nations 
partly  European  and  partly  American.*  There  might,  he 
said,  exist  reasons  for  freely  granting  to  one  nation  what 
there  might  be  no  reason  for  granting  to  another.  He 
also  doubted  the  expediency  of  agreeing  absolutely  that 
any  nation  should  be  at  liberty  to  bring  and  vend  into  the 
United  States,  all  or  any  of  their  productions  and  manufac- 
tures without  exception,  because  it  might  be  necessary  to 
prohibit  the  importation  of  some  of  them,  either  to  check 
luxury,  or  to  promote  domestic  manufacture s.f 


*  "  We  abstained,"  Jefferson  observed,  "  from  making  new  propositions  to 
others  having  no  colonies,  because  our  commerce  being  an  exchange  of  raw 
for  wrought  materials,  is  a  competent  price  for  admission  into  the  colonies 
of  those  possessing  them  ;  but  were  we  to  give  it  without  price  to  others, 
all  would  claim  it  without  price,  on  the  ordinary  ground  of  gentis  amicis- 
simae." — Jefferson's  Works,  vol.  1,  p.  51. 

t  In  the  treaty  which  was  the  immediate  subject  of  this  report,  one  arti- 
cle precluded  the  laying  an  embargo.  This  was  objected  to,  for  a  reason  not 
easily  disputed. 


84  THE   KEPUBLIC,  [1784. 

But  one  other  topic  of  moment  arrests  attention  in 
the  proceedings  of  this  congress.  It  related  to  the  garri- 
soning of  the  frontier  posts.  The  hostihty  evinced  by 
New- York  to  the  employment  of  continental  troops  for 
that  purpose,  has  been  previously  mentioned.  The  expec- 
tation that  the  negotiation  which  was  pending  for  the  sur- 
render of  those  posts  would  be  successful,  produced  great 
anxiety  in  the  councils  of  that  state,  and  she  urged,  with 
extreme  earnestness  and  pertinacity,  a  declaration  by  con- 
gress, in  pursuance  of  the  articles  of  confederation,  of  the 
number  of  troops  necessary  to  be  kept  up  by  her  for  the 
protection  of  her  frontier.  This  subject,  though  frequently 
presented  to  that  body,  was  deferred  from  an  apprehension 
of  authorizing  an  individual  state  to  maintain  an  armed 
force.  To  avoid  this  alternative,  propositions  were  made 
in  congress  for  the  enlistment  of  a  thousand  men,  to  protect 
the  commissioners  recently  appointed  to  hold  treaties  with 
the  Indians,  and  to  defend  the  frontiers. 

The  fate  of  these  propositions  is  indicative  of  the  tem- 
per of  the  times.  After  repeated  and  laboured  debates,  a 
resolution  was  introduced  by  Gerry,  proclaiming  "  the 
danger  of  confiding  to  a  body,  which  was  already  empow- 
ered to  make  foreign  and  domestic  loans,  and  to  issue  bills 
of  credit,  that  of  raising  standing  armies  ;"  *  and  it  was  de- 
termined to  discharge  the  few  troops  which  had  been 
retained  in  the  service  of  the  United  States.  The  stand- 
ing army  was  reduced  to  eighty  men.  No  officer  was  re- 
tained of  a  higher  rank  than  captain,  and  the  western 
frontiers  were  to  be  protected  by  a  requisition  for  a  regi- 
ment of  militia.  The  congress  of  the  United  States  having, 
in  virtue  of  the  confederation,  at  the  instance  of  Jefferson, 
chosen  from  its  own  body  a  "  committee  of  the  states,"  now 
adjourned. 

This  committee  continued  in  session,  though  without 
effecting  any  thing,  until  the  nineteenth  of  August,  seven- 


jEt.  27.]        *  HAMILTON,  85 

teen  hundred  and  eighty-four,  when  some  of  the  members 
withdrawing,  without  the  consent  of  their  colleagues,  it 
broke  up,  without  the  decency  of  an  adjournment,  in  cla- 
morous confusion,  leaving  the  nation  without  any  repre- 
sentative council. 

The  congressional  year  of  thei?r  successors  commenced 
on  the  first  of  November,  of  the  same  year,  but  a  quo- 
rum was  not  formed  until  the  succeeding  month.  Its 
history  is  alike  barren  of  interest  4  the  few  subjects 
upon  which  it  acted,  until  the  latter  part  of  its  session, 
being  the  organization  of  a  court  to  adjudicate  upon 
the  territorial  controversy  which  existed  between  the 
•states  of  Massachusetts  and  New- York  ;  measures  for  the 
adjustment  of  a  similar  dispute  between  South  Carolina 
and  Georgia ;  the  appointment  of  commissioners  to  treat 
with  the  southwestern  tribes  of  Indians .;  the  selection  of  a 
site  for  a  federal  city,  and  an  ordinance  defining  the  pow- 
er and  duties  of  the  secretary  at  war.  These  being  arranged, 
a  decision  was  made  upon  a  matter  of  permanent  impor- 
tance— the  mode  of  disposing  of  the  western  territory. 
Much  discussion  oa  this  subject  had  occurred  during  the 
previous  congress.  An  ordinance  was  now  passed,  "  the  re- 
sult of  compromise,  not  such  as  was  desired,  produced  by 
the  utmost  efforts  of  public  argument  and  private  solici- 
tation.^^* 

A  provision  for  the  current  service  gave  rise  also  to  fre- 
quent deliberations,  which  were  concluded  by  a  vote  on 
the  report  of  the  grand  committee  of  congress,  a  short  time 
before  the  termination  of  its  poHtical  existence.  By  this 
vote  a  requisition  was  made  upon  the  states  for  three  mil- 
lions of  dollars,  of  which  two-thirds  were  receivable  in 


*  From  a  letter  of  William  S.  Johnson,  a  man  of  a  probity  and  talent  as 
wnment,  and  views  as  comprehensive,  as  were  these  of  his  distinguished  fa- 
ther. 


86  THE  KEPUBLIG.  [1T84. 

certificates  for  interest  on  the  liquidated  debts  ;  which 
amount  was  intended  not  only  to  meet  the  demands  of  the 
year,  but  also  the  balance  of  the  estimate  which  the  pre- 
ceding congress  had  omitted  to  require.  An  earnest  re- 
commendation was  made  for  the  completion  of  the  meas- 
ures for  raising  revenue,  proposed  in  the  spring  of  the 
preceding  year,  as  preferable  to  any  other  system,  "  and 
necessary  to  the  establishment  of  the  public  credit." 


CHAPTER    XL. 

From  the  Congress,  to  which  he  was  indebted  for  his  pre- 
ferment, and  of  which  he  does  not  disguise  his  contempt, 
— "  Httle  numerous,  but  very  contentious" — Jefferson  has- 
tened away.  Appointed  envoy,  on  the  motion  of  a  col- 
league from  Virginia,  seconded  by  Gerry,  on  the  seventh 
of  May,  he  left  his  seat  four  days  after,  and  though  the 
session  continued  near  a  month,  did  not  resume  it,  but 
sailed  for  Paris,  on  a  summer  sea,  intent  upon  his  project 
"  to  emancipate  commerce." 

The  joint  commission  was  opened  with  much  solemnity 
on  the  thirteenth  of  August,  1784,  and,  soon  after,  its 
powers  were  announced  to  the  different  governments  of 
Europe — France,  Great  Britain,  Denmark,  Germany, 
Prussia,  Sweden,  Spain,  Portugal,  Russia,  Saxony,  the 
Sicilies,  Sardinia,  Tuscany,  Genoa,  Venice,  Morocco,  Al- 
giers, Tripoli,  Tunis,  the  Sublime  Porte,  and  his  holiness 
the  Pope. 

France  received  them  with  a  smile  ;  England  silenced 
the  experiment  by  an  inquiry  as  to  the  "  real  nature  of 
the  powers  with  which  they  were  invested,  whether  they 
were  merely  commissioned  by  congress,  or  had  received 
separate  powers  from  the  respective  states."  The  other 
nations  stood  aloof  Prussia  alone  formed  a  treaty  embra- 
cing some  of  the  principles  of  the  report,  but  insisted  upon 
reserving  the  right  of  prohibition  and  retaliation — rights 
which  the  American  commissioners  themselves  claimed  to 
reserve  in  their  negotiations  with  Tuscany !  The  commis- 
sion, thus  baffled  in  all  its  expectations,  ceased  to  act. 

The  introduction  of  a  new  power  into  the  great  family 
of  nations,  would  seem  to  have  been  an  event  fraught  with 


SB  THE    EEPUBLIC.  [1784. 

the  most  important  and  immediate  interest  to  the  civilized 
world,  and  an  American  might  have  hoped  to  have  seen 
her  vast  prospective  greatness  attracting  the  eyes  of  Eu- 
rope, and  commanding  all  its  attention.  But  the  impo- 
tence of  the  confederacy  and  the  visionary  objects  of  this 
commission  defeated  those  hopes.  From  these  causes  a 
larger  view  of  our  foreign  relations  would  seem  unneces- 
sary, were  it  not  for  the  powerful  influence  which  the 
policy  of  the  great  leading  powers  produced  on  the  social 
condition  of  the  American  states. 

Those  with  France,  their  ancient  ally,  first  attract  at- 
tention. Nothing  is  more  obvious  in  all  her  policy  than 
the  sagacity  of  her  statesmen,  who  foresaw  that  the  mo- 
ment her  political  influence  over  the  confederacy  ceased, 
every  other  connection  would  become  a  minor  considera- 
tion. Hence  her  solicitude  that  all  the  American  negotia- 
tions should  be  conducted  near  her  court.  But  England 
and  Spain  were  both  unwilling  that  Paris  should  be  the 
centre  of  political  action.  Great  Britain  insisted,  as  a 
previous  condition  to  any  negotiation,  an  embassy  to  Lon- 
don, "  as  more  suitable  to  the  dignity  of  either  power." 
The  Spanish  minister  declared,  that  in  matters  between  its 
crown  and  any  other  power,  "  the  custom  of  its  court 
(the  most  regular  and  systematic  of  all  others)  was  to  ne- 
gotiate between  themselves,  without  availing  themselves 
of  a  third  place."  Frankhn  having  resigned  his  seat  in 
the  commission,  Adams,  in  consequence  of  these  intima- 
tions, was  accredited  to  the  court  of  St.  James  ;  Jeflferson 
to  that  of  Versailles  ;  and  Spain  appointed  a  sort  of  in- 
termediate minister — a  "plenipotentiary  charge  d'affaires," 
to  reside  at  the  seat  of  congress.  Jefferson's  object  was 
attained. 

While  the  force  of  habit  formed  during  her  colonial 
relations,  similarity  of  language,  laws,  and  manners,  all 


^T.  27.]         >  HAMILTON.  g9 

attracted  the  American  people  to  England,  other  causes 
operated  as  insuperable  obstacles  to  an  extensive  com- 
merce between  the  United  States  and  France. 

The  poverty  of  the  American  people  denied  to  them 
the  luxuries  of  their  ally.  The  inferior  fabric  and  pecu- 
har  fashion  of  articles  of  primary  necessity,  prevented 
their  being  introduced  into  general  use.  For  those  which 
were  sought,  few  American  products  would  be  received 
in  exchange  ;  while  the  commercial  system  of  France,  yet 
in  its  infancy,  charged  the  objects  of  commerce  with  such 
a  multiplicity  of  duties,  and  those  so  oppressive,  as  to  de- 
ter enterprise.  The  principal  article  of  exchange  was  the 
subject  of  a  monopoly,  and  charged  with  a  duty  to  the 
crown,  of  too  much  value  to  be  relinquished  by  a  needy 
monarch.  On  other  articles  accumulated  duties  were  le- 
vied, and  these  were  partitioned  among  so  many  recipients, 
as  placed  it  beyond  the  power  of  the  financier  to  reduce 
them  to  one  denomination  ;  while  the  political  influence 
of  the  beneficiaries  would  not  permit  them  to  be  diminished 
or  suppressed.  These  were  some  of  the  embarrassments 
to  a  direct  trade.  The  colonial  trade  had  been  long  con- 
ducted under  a  most  rigid  system,  and  as  the  treaty  of 
seventeen  hundred  and  seventy-eight  had  secured  to 
France  the  free  admission  of  her  manufactures  into  the 
United  States,  they  had  nothing  to  offer  in  the  shape  of 
immunities  to  open  the  sealed  commerce  of  her  islands.* 

Soon  after  his  return  to  Europe,  La  Fayette,  at  whose 

*  Compelled  by  necessity,  France  opened  her  colonial  ports  during  the  war, 
but  at  its  close,  by  an  arret,  dated  thirtieth  of  August,  seventeen  hundred  and 
eighty-four,  she  permitted  the  importation  into  them  only  of  a  few  articles  of 
primary  necessity,  and  confined  the  exports  to  rum,  molasses,  and  goods 
brought  from  France,  which  paid  the  local  duties  with  an  ad  valorem  of  one 
per  cent.  A  discriminating  duty  was  also  imposed  on  salted  beef  and  dried 
fish,  to  form  a  fund  for  the  encouragement  of  the  French  fisheries. 


90  THE   EEPUBLIO.  [1784. 

instance,  the  free  ports  stipulated  in  the  treaty  of  seventeen 
hundred  and  seventy-eight  v^ere  designated,  made  strong 
representations  to  his  court  of  the  benefits  to  be  anticipated 
from  enlarging  the  commercial  intercourse  of  the  two 
countries.  The  representations  v^^ere  renev^^ed  by  Jeffer- 
son often  and  with  much  detail,  but  the  progress  of  the 
negotiation  was  slow — indicative  of  the  altered  temper 
of  Vergennes,  from  his  failure  to  control  the  definitive 
treaty  with  England — and  attended  with  circumstances  not 
a  little  wounding  to  American  pride. 

The  first  letter  addressed  to  that  minister  received  no 
other  answer  than  that  it  had  been  transmitted  to  the 
comptroller-general.  To  subsequent  communications  it 
was  replied,  "  that  not  a  sufficient  dependence  could  be 
placed  on  arrangements  taken  with  us  ;"  and  an  act  of  one 
of  the  states,  by  which  a  discrimination  of  duties  was  made 
between  natives  and  foreigners,  became  the  subject  of  a 
letter  from  the  premier,  which,  after  reproaching  the 
American  minister  with  a  disregard  of  reciprocity  in  our 
navigation  laws  and  commercial  regulations,  closed  with  a 
threat,  "  that  the  king  will  be  under  the  necessity,  contrary 
to  his  wishes,  to  fall  upon  such  means  as  will  tend  to  put 
matters  upon  a  perfect  equality."* 

These  complaints  were  referred  to  the  secretary  of  fo- 
reign affairs,  whose  report  admitted  that  the  French  mer- 
chants enjoyed  fewer  privileges  than  the  merchants  of  the 
United  States  did  in  France,  and  that  the  act  of  Massachu- 
setts "  had  deviated  both  from  the  letter  and  spirit  of  the 
treaty."!  While  the  impotence  of  the  confederation  thus 
subjected  it  to  the  just  reproach  of  a  breach  of  faith  to- 
wards their  ally,  it  also  gave  rise  to  reclamations  for  indi- 
vidual claims,  the  justice  whereof  could  not  be  denied,  and 
which  there  were  no  means  to  discharge.     The  disappoint- 

*  2  D.  C.  488.  t  1  D.  C.  243. 


^T.2'r.]  >  HAMILTON.  91 

ments  that  followed  produced  great  irritation  among  the 
French  residents  in  the  United  States,  which  extended  to 
her  legation,  and  drew  from  them  remonstrances,  wherein 
the  respect  due  to  an  independent  government  was  often 
forgotten. 

In  vain  did  congress  renew  their  assurances  of  eventual 
payment,  founded  on  the  good  faith  of  the  states.  Dis- 
criminations in  the  provision  for  the  interest  on  their 
debts,  from  which  provision  foreigners  were  expressly  ex- 
cluded by  some  of  the  states,  were  pointed  out,  and  the 
very  ground  on  which  the  delay  of  justice  was  excused, 
the  inability  to  compel  the  collection  of  taxes,  gave  rise  to 
the  taunting  inquiry,  "  Is  there  one,  or  are  there  eleven 
repubUcs  ?" 

It  being  a  leading  maxim  in  Jefferson's  politics  "  to  mul- 
tiply the  points  of  contact  and  connection"  with  France, 
it  will  be  seen,  that  he  used  every  means  to  promote  inter- 
course with  a  people  whose  habits,  manners,  tastes,  and 
morals  he  decried,  yet  admired,  and  copied. 

The  insufficient  provision  for  the  interest  and  instal- 
ments then  due  of  the  debt  to  France,  led  to  a  proposition 
to  purchase  it.  The  terms  of  this  proposition  are  found  in 
the  secret  journal  of  congress  of  the  second  of  October, 
seventeen  hundred  and  eighty-seven,  giving  an  extract  of 
a  letter  from  Jefferson  to  the  secretary  of  foreign  affairs : — 
"  That  a  proposition  has  been  made  to  Monsieur  de  Ca- 
lonne,  minister  of  the  finances  of  France,  by  a  company 
of  Dutch  merchants,  to  purchase  the  debt  due  from  the 
United  States  to  the  crown  of  France  ;  giving  for  the  said 
debt,  amounting  to  twenty-four  millions  of  hvres,  the  sum 
of  twenty  millions  of  livres.  That  information  of  this 
proposition  has  been  given  to  him  by  the  agent  of  the 
said  company,  with  the  view  of  ascertaining  whether  the 
proposed  negotiation  would  be  agreeable  to  congress. 
That  the  said  minister  suggests,  *  that  if  there  is  a  danger 


92  THE  EEPUBLIO.  [1784 

of  the  public  payments  not  being  punctual,  whether  it  might 
not  be  better  that  the  discontents  which  would  then  arise, 
should  be  transferred  from  a  court  of  whose  good  will  we 
have  so  much  need,  to  the  breasts  of  a  private  company. \ 
That  the  credit  of  the  United  States  is  sound  in  Holland ; 
and  that  it  would  probably  not  be  difficult  to  borrow  in 
that  country  the  whole  sum  of  money  due  to  the  court  of 
France,  and  to  discharge  that  debt  without  any  deduc- 
tion ;  thereby  doing  what  would  be  grateful  to  the  court, 
and  establishing  with  them  a  confidence  in  our  honour. ^^^ 

This  subject  was  resumed  in  a  letter  from  Jefferson  to 
Jay  of  the  twelfth  of  November  following. f  He  wrote  : 
"  In  a  letter  which  I  had  the  honour  of  writing  you  on  the 
twenty-sixth  December,  I  informed  you  that  a  Dutch  com- 
pany were  making  propositions  to  the  minister  of  France 
here,  to  purchase  at  a  discount  the  debt  due  from  the  Uni- 
ted States  to  this  country.  I  have  lately  procured  a  copy 
of  their  memoir,  which  I  now  enclose.  Should  congress 
think  this  subject  worthy  their  attention,  they  have  no 
time  to  lose,  as  the  necessities  of  the  minister,  which  alone 
have  made  him  to  listen  to  this  proposition,  may /orce  him 
to  a  speedy  conclusion." 

The  former  of  these  letters  was  referred  to  the  board 
of  Treasury,  who  on  the  second  of  October  of  the  follow- 
ing year  made  a  report ;  which,  after  reciting  the  previous 
extracts  of  the  letter  of  Jefferson,  contains  comments  full 
of  meaning : — 

"  That  at  the  time  the  debt  due  from  the  United  States 
to  the  crown  of  France  was  contracted,  it  could  not  have 
been  foreseen  that  the  different  members  of  the  union 
would  have  hesitated  to  make  effectual  provision  for  the 
discharge  of  the  same,  since  it  had  been  contracted  for 
the  security  of  the  lives,  liberties,  and  property  of  their 

»  4  S.  J.  386.  t  3  D.  G.  175. 


^T.  27.]  >  HAMILTON,  93 

several  citizens,  who  had  solemnly  pledged  themselves  for 
its  redemption ;  and  that,  therefore,  the  honour  of  the 
United  States  cannot  be  impeached,  for  having  authorizea 
their  minister  at  the  court  of  France  to  enter  into  a  formal 
convention,  acknowledging  the  amount  of  the  said  debt, 
and  stipulating  for  the  reimbursement  of  the  principal  and 
interest  due  thereon. 

"  That  should  the  United  States  at  this  period  give  any 
sanction  to  the  transfer  of  this  debt,  or  attempt  to  make  a 
loan  in  Holland  for  the  discharge  of  the  same,  the  persons 
interested  in  the  transfer,  or  in  the  loan,  would  have  rea- 
son to  presume  that  the  United  States  in  congress  would 
make  effectual  provision  for  the  punctual  payment  of  the 
principal  and  interest. 

"  That  the  prospect  of  such  provision  being  made  within 
a  short  period,  is  by  no  means  flattering ;  and  though  the 
credit  of  the  United  States  is  still  sound  in  Holland,  from 
the  exertions  which  have  been  made  to  discharge  the  in- 
terest due  to  the  subscribers  to  the  loans  in  that  country, 
yet,  in  the  opinion  of  this  board,  it  would  be  unjust  as  well 
as  impolitic,  to  give  any  public  sanction  to  the  proposed 
negotiation.  Unjust,  because  the  nation  would  contract 
an  engagement  without  any  well-grounded  expectation  of 
discharging  it  with  proper  punctuality.  Impolitic,  because 
a  failure  in  the  payment  of  interest  accruing  from  this  ne- 
gotiation (which  would  inevitably  happen)  would  justly 
blast  all  hopes  of  credit  with  the  citizens  of  the  United 
Netherlands,  when  the  exigencies  of  the  union  might  ren- 
der new  loans  indispensably  necessary. 

"  The  board  beg  leave  further  to  observe,  that  although  a 
grateful  sense  of  the  services  rendered  by  the  court  of 
France,  would  undoubtedly  induce  the  United  States  in 
congress  to  make  every  possible  exertion  for  the  reim- 
bursement of  the  moneys  advanced  by  his  most  christian 
majesty,  yet,  that  they  cannot  presume  that  it  would  tend 


94:  THE  REPUBLIC.  [1784. 

to  establish  in  the  mind  of  the  French  court  an  idea  of 
the  national  honour  of  this  country,  to  involve  individuals 
in  a  heavy  loan,  at  a  time  when  congress  were  fully  sensi- 
ble that  their  resources  were  altogether  inadequate  to  dis- 
charge even  the  interest  of  the  same,*  much  less  the  instal- 
ments of  the  principal,  which  would  from  time  to  time  be- 
come due.  How  far  the  idea  of  transferring  the  discontents 
which  may  prevail  in  the  French  court,  for  the  want  of  the 
punctual  payment  of  interest,  to  the  breast  of  the  private 
citizens  of  Holland,  would  be  consistent  with  sound  policy, 
the  board  forbear  to  enlarge  on. 

"  It  may  be  proper,  however,  to  observe,  that  the  public 
integrity  of  a  nation  is  the  best  shield  of  defence  against 
any  calamities  to  which,  in  the  course  of  human  events,  she 
may  find  herself  exposed. 

"  This  principle,  so  far  as  it  respects  the  conduct  of  the 
United  States  in  contracting  the  loans  with  France,  cannot 
be  called  in  question.  The  reverse  would  be  the  case, 
should  the  sanction  of  the  United  States  be  given  either 
to  the  transfer  of  the  French  debt,  or  to  the  negotiation  of 
a  loan  in  Holland  for  the  purpose  of  discharging  it. 

"  If  it  be  further  considered,  that  the  consequences  of  a 
failure  in  the  punctual  payment  of  interest  on  the  moneys 
borrowed  by  the  United  States,  can  by  no  means  be  so 
distressing  to  a  nation,  (and  one  powerful  in  resources,)  as 
it  would  be  to  individuals,  whose  dependence  for  support 
is  frequently  on  the  interest  of  the  moneys  loaned,  the 
board  presume  that  the  proposed  negotiation  cannot  be 
considered  at  the  present  juncture,  in  any  point  of  view, 
either  as  eligible  or  proper.     Under  these  circumstances, 

*  Jefferson  wrote  to  Carmichael  at  Madrid,  June  14,  1787  :— "  New- York 
still  refuses  to  pass  the  impost  in  any  form,  and  were  she  to  pass  it,  Pennsyl- 
vania will  not  uncouple  it  from  the  supplementary  funds.  These  two  states 
and  Virginia,  are  the  only  ones,  my  letters  say,  wJiich  have  paid  any  thing 
into  the  continental  treasury  for  a  twelvemonth  past." 


iET,  27.]  >  HAMILTON.  95 

they  submit  it  as  their  opinion,  "  that  it  would  be  proper 
without  delay  to  instruct  the  minister  of  the  United  States 
at  the  court  of  France,*  not  to  give  any  sanction  to  any 
negotiation  which  may  be  proposed  for  transferring  the 
debt  due  from  the  United  States,  to  any  state,  or  compa- 
ny of  individuals,  who  may  be  disposed  to  purchase  the 
same." 

So  jealous  were  congress  of  the  injury  which  this  pro- 
position might  inflict  on  the  national  character,  that  on  the 
day  on  which  this  report  is  dated,  they  instantly  passed 
an*  act  instructing  Jefl*erson  not  to  promote  any  negotia- 
tion for  transferring  the  debt  due  to  France  from  the 
United  States.f  Could  he  have  incurred  a  severer  censure? 

Thus  the  national  honour  was  saved,  but  the  lure  had 
succeeded.  In  prosecution  of  the  project,  a  letter  was  ad- 
dressed by  Jefferson  to  Dumas,J  to  ascertain  its  practica- 
bility ;  whose  reply  evinced  a  preference  of  a  purchase 
for  a  sum  less  than  its  face,  to  a  loan  for  the  whole  amount, 
and  urged  prompt  action,  stating  that  the  sacrifice  on 
the  part  of  France,  would  be  very  smalL  An  arret  was 
accordingly  framed  and  submitted  to  Calonne.  That  min- 
ister, grasping  at  such  a  prospect  of  relief  from  his  finan- 
cial difficulties,  soon  after  this  purchase  was  suggested, 
addressed  a  letter  to  Jefferson,  giving  the  assurance  that 
the  monopolies  on  particular  articles  would  not  be  renew- 
ed, and  that  the  duties  on  most  of  the  imports,  the  growth 
of  the  United  States,  in  French  or  American  vessels,  were 
"  suppressed."§     The  execution  of  this  arrangement  was, 

*3D.  C.183.  t3D.  C.289. 

t  Dumas  had  a  pension  from  France,  revertible  to  his  daughter. 

§  3  Dip.  Cor.  163.— Oct.  22, 1786.— This  letter  also  states,  that  as  Virginia 
had  ordered  arms  for  her  miUtia  from  France,  the  duties  and  prohibition  of 
them  should  be  abohshed.  Similar  supplies  had  been  furnished  by  France 
to  her  during  the  war,  which  gave  rise  to  questions  in  the  settlement  of  the 
accounts.  A  more  serious  difficulty  grew  out  of  an  act  of  that  state,  passed 
pendmg  Jefferson's  negotiation  about  the  debt,  giving  a  preference  to  French 


96  THE   REPUBLIC.  [1784. 

however,  suspended,  not  improbably  in  consequence  of  the 
rejection  by  congress  of  the  proposed  transfer  of  the  debt. 
But  the  disturbances  in  Holland,  and  the  hostile  appear- 
ances in  Europe,  notwithstanding  a  temporary  pacification, 
ultimately  induced  the  issuing  of  arrets,  enlarging  in  some 
particulars,  and  abridging  in  others,  the  former  arrange- 
ment. 

One  topic  of  discussion  yet  remained.  It  has  been  pre- 
viously mentioned  that  the  treaty  with  France  provided 
for  the  mutual  appointment  of  consuls,  under  a  convention 
to  be  framed  between  the  respective  governments.  This 
subject  was  no't  acted  upon  until  July,  seventeen  hundred 
and  eighty-one  ;  immediately  after  the  resolutions,  submit- 
ting the  terms  of  a  treaty  with  Great  Britain,  had  been 
passed.  A  memoir  was  at  that  time  presented  by  La  Lu- 
zerne, containing  a  draft  of  a  consular  convention,  pre- 
pared at  Paris. 

It  was  in  its  essential  features  approved  by  congress  the 
following  January,  with  one  material  difference.  The 
French  plan  proposed  the  presentation,  by  their  consuls,  of 
their  commissions  to  the  respective  states,  which  were  to 
grant  them  their  exequaturs.  The  American  draft  required 
that  the  consuls  should,  "  in  the  Jii-st  instance"  present  their 
commissions  to  congress,  to  be  recognised  by  them  by  a 
public  ac^,  and  then  to  have  validity  in  the  states.  This 
plan  was  sent  to  Franklin,  with  instructions  to  exercise  his 
discretion  as  to  the  words  or  arrangement  of  it,  but  to 
confine  himself  in  all  important  respects  to  its  substance. 


brandies.  The  minister  of  the  Netherlands  presented  a  remonstrance  against 
this  preference,  as  a  breach  of  treaty.  In  this  treaty,  Adams  had  omitted 
an  important  provision,  securing  compensation  for  privileges ;  but  the  United 
States  considered  this  as  a  gratuitous  favour.  The  injury  was  acknowledged, 
and  resolutions  were  adopted  by  congress,  urging  Virginia  to  repeal  the  act, 
founded  on  a  report  from  the  department  of  foreign  affairs,  censuring  the 
granting  of  favours  by  any  state. — 4  S.  J.  401. 


JEt.27.]  V  HAMILTON.  97 

A  convention  was  entered  into  by  him,  and  was  submitted 
to  congress  in  seventeen  hundred  and  eighty-four  ;  France 
having  in  the  mean  time  appointed  Marbois  consul-gener- 
al, with  a  subordinate  corps  of  consuls  and  vice-consuls. 
On  the  consideration  of  this  convention,  congress,  at  the 
instance  of  Jay,  unanimously  resolved,  that  instructions 
should  be  given  that  the  signature  of  the  convention 
should  be  delayed  until  further  advices,  unless  it  had  been 
already  signed.  A  despatch  from  Franklin  announced  that 
it  had  been  already  signed,  and  that  a  copy  had  been  so 
long  since  transmitted  to  congress,  that  its  ratification  was 
expected ;  he  added, "  I  am  not  informed  what  objection  has 
arisen  in  congress  to  the  plan  sent  me.  Mr.  Jefferson 
thinks  it  may  have  been  to  that  part  which  restrained  the 
consuls  from  all  concerns  in  commerce."*  Congress  had 
delayed  to  act  upon  it,  until,  a  formal  demand  of  its  ratifi- 
cation being  made  by  France,  the  convention  was  deUber- 
ately  examined  by  the  secretary  of  foreign  affairs. 

On  this  examination  it  appeared  that  it  proposed  three 
principal  objects,  in  the  promotion  of  which,  it  was  mani- 
fest, that  the  United  States  had  no  interest. 

The  first  was,  a  provision  against  the  infraction  of  the 
French  and  American  laws  of  trade.  As  the  United 
States  had  no  laws  for  the  regulation  of  her  commerce  with 
France  or  her  dominions,  there  could  be  no  use  in  a  pro- 
vision against  the  infraction  of  them.  The  second  was, 
a  restriction  of  the  emigration  to  the  other,  of  the  people 
of  either  country,  which,  as  there  was  no  reason  to  ap- 
prehend emigration  from  the  United  States  to  France,  was 
superfluous.  The  third,  estabhshed  a  corps  of  "  consuls, 
vice-consuls,  and  agents,"  so  coherent,  so  capable  of  acting 
jointly  and  secretly,  and  so  ready  to  obey  the  order  of 
their  chief,  that  it  could  not  fail  of  being  influential  in  two 


2  Dip.  Cor.  44. 
Vol.  III.— 7 


98  THE   REPUBLIC.  [1784. 

very  important  political  respects — the  acquisition  and 
communication  of  intelligence,  and  the  dissemination  and 
impression  of  such  advices,  sentiments,  and  opinions,  of 
men  and  measures,  as  it  might  be  deemed  expedient  to  dif- 
fuse and  encourage."  An  arrangement,  which,  in  France, 
"  w^here  nothing  could  be  printed  without  being  licensed, 
or  said  without  being  known,  and,  if  disliked,  followed 
with  inconvenience,  and  where  the  people  being  perfectly 
unimportant,  every  measure  to  influence  their  opinions 
must  be  equally  so,  could  be  of  no  use  to  America,"  but 
which  in  the  United  States  would  be  most  dangerous  to 
her  institutions. 

The  powers  and  immunities  with  which  this  corps  was 
clothed,  were  equally  objectionable.  By  one  article,  certi- 
fied declarations  made  before  the  consuls,  were  to  be  re- 
ceived in  evidence  as  conclusive.  By  another,  the  consuls 
were  invested  with  jurisdiction  over  all  offences  in  w^hich 
the  citizens  of  the  respective  countries  were  parties,  to  the 
exclusion  of  the  civil  tribunals  constitutionally  created, 
while  full  immunity  was  conferred  on  their  persons,  pa- 
pers, houses,  and  dependants.  Consular  chanceries  were 
also  created,  which  in  many  respects  clashed  with  the  in- 
ternal policy  of  the  United  States,  and  a  complete  jurisdic- 
tion was  given  over  French  vessels  in  American  harbours. 
It  is  also  not  a  little  remarkable,  that  the  original  feature 
in  the  French  plan,  which  directed  the  commissions  to 
be  presented  on  their  arrival  to  the  respective  states,  ac- 
cording to  the  forms  established  there,  was  retained,  not- 
withstanding the  express  instruction  to  follow  the  plan  of 
congress,  which  directed  these  commissions,  "in  the  first 
instance"  to  be  presented  to  them.  This,  connected  with 
the  suggestion  of  Vergennes  to  Adams,  that  each  state 
should  appoint  its  own  ministers,  combined  with  the  other 
circumstances  of  a  direct  loan  being  made  by  France  to 
Virginia,  and  a  commercial  exemption  being  obtained  from 


^T.27.]         '  HAMILTON.  99 

her,  leaves  a  strong  implication  that  France  had  in  view 
relations  with  the  individual  states,  independent  of  congress, 
and  in  direct  violation  of  the  articles  of  confederation,  and 
that  Jefferson  was  not  insensible  of  the  advantages  Vir- 
ginia might  derive  from  these  dispositions.  The  position  of 
the  United  States  was  not  a  little  embarrassing.  The 
scheme  having  been  framed  by  a  former  legislature,  was 
conclusive  upon  the  country,  and  its  execution  was  ur- 
gently pressed  by  the  French  charge  d'affaires. 

As  the  only  alternative,  instructions  were  transmitted  to 
Jefferson  to  state  the  objections  to  the  present  form,  and  to 
give  assurances  of  their  readiness  to  ratify  a  convention 
agreeable  to  the  scheme  originally  framed,  on  the  condition 
of  its  being  limited  to  eight  or  ten  years,  instead  of  its  be- 
ing perpetual,  as  was  first  agreed.  After  much  negotia- 
tion, a  convention  liable  to  fewer  objections  than  that 
signed  by  Franklin,  was  concluded  in  seventeen  hundred 
and  eighty-eight ;  and  after  an  inquiry  how  far  it  was  ob- 
ligatory upon  the  country,  was  ratified  from  necessity  by 
the  present  government. 

The  fruitless  efforts  made  by  the  Spanish  resident  at 
Paris  to  induce  Jay  to  enter  into  a  treaty,  the  basis  of 
which  was  a  sacrifice  of  a  large  part  of  the  undoubted  ter- 
ritory of  the  United  States,  and,  as  a  consequence  of  such 
sacrifice,  the  total  abandonment  of  the  Mississippi,  have 
been  the  subject  of  previous  comment. 

On  the  third  of  June,  seventeen  hundred  and  eighty-four, 
a  few  days  after  Jay  had  been  elected  secretary  of  foreign 
affairs,  and  Jefferson  chosen  commissioner  in  his  place,  it 
was  thought  advisable  to  renew  the  instructions  of  seven- 
teen hundred  and  eighty-two  ;  and  a  resolution,  moved  by 
Nathan  Dane,  of  Massachusetts,  passed,  directing  the  Amer- 
ican commissioners  "  not  to  relinquish  or  cede,  in  any  event, 
the  right  of  the  citizens  of  the  United  States  to  the  free 
navigation  of  the  Mississippi  from  its  source  to  the  ocean." 


100  THE   REPUBLIC.  [I7&(t. 

It  has  been  seen  that,  notwithstanding  the  recent  nego- 
tiation with  Jay  at  Paris,  the  commissioners,  or  some  of 
them,  were  required  to  repair  to  Madrid.  This  was  not 
acceded  to,  and  Spain,  sensible  of  her  error,  sought  to  re- 
move the  prejudices  of  the  United  States  by  a  course  of 
concihation.  She  mediated  a  peace  between  them  and  the 
emperor  of  Morocco,  on  terms  favourable  to  the  former. 
She  released  a  number  of  Americans,  who  had  been  im- 
prisoned at  Havana  for  breaches  of  her  navigation  laws, 
and  she  commissioned  Gardoqui,  a  partner  of  a  commercial 
house  at  Bilboa,  who  had  been  the  medium  of  aids  from 
Spain  at  an  early  period  of  the  revolution,  to  negotiate  a 
treaty.  He  arrived  in  seventeen  hundred  and  eighty-five, 
when  the  secretary  of  foreign  affairs  was  authorized  ta 
treat  with  him. 

The  point  upon  which  the  former  negotiation  had  broken 
off,  still  remained  an  insuperable  obstacle.  While  Spain 
offered  to  treat  on  terms,  in  other  respects  deemed  by  Jay 
of  the  greatest  advantage,  she  still  insisted  upon  the  reten- 
tion of  the  territory  east  of  the  Mississippi,  and  consequent- 
ly upon  the  exclusion  of  our  citizens  from  its  navigation. 
Late  in  the  preceding  year  she  had  caused  it  to  be  announced 
to  the  United  States,  that  vessels  trading  through  that  river 
would  be  exposed  to  process  and  confiscation.  The  obstruc- 
tion of  them,  by  her  garrison  at  Natchez,  was  indicative 
of  her  determination  to  enforge  her  pretensions.  The 
question  now  assumed  a  new  aspect.  The  navigation 
could  not  be  permanently  relinquished.  To  submit  to  the 
enforcement  of  her  restrictions,  while  their  justice  was  de- 
nied, would  be  humiliation  ;  to  resist  by  arms,  was  war. 

Influenced  by  this  state  of  things,  by  his  impression  of 
the  other  advantages  of  the  treaty,  and  by  the  consider- 
ation that  Spain  was  in  possession  of  posts  on  both  branches 
of  the  river,  rather  than  the  United  States,  without  money, 
without  credit,  and  without  an  army,  should  be  plunged 


JEt.27.]         ^  HAMILTON,  101 

into  a  war,  "  with  very  little  prospect  of  terminating  it  by 
a  peace,  either  advantageous  or  glorious,"  the  American 
secretary  attended  congress,  and  enforced*  the  propriety 
of  a  treaty,  limited  to  twenty-five  or  thirty  years  ;  one  of 
the  articles  of  which  would  have  stipulated  the  forbear- 
ance of  our  citizens  to  use  its  navigation  below  their  own 
territories  to  the  ocean  for  a  like  term.  This  proposition 
gave  great  offence.  The  delegates  from  the  northern 
states  approving  it,  while  those  of  the  southern  condemned 
it.  A  motion  was  made  to  revoke  his  commission,  which 
was  defeated ;  and  a  resolution  was  introduced,  repealing 
the  instruction  to  stipulate  the  free  navigation  of  the  Mis- 
sissippi to  the  ocean,  consenting  to  a  modified  use  of  it,f 
but  with  a  proviso  to  insist  upon  the  territorial  limits  fixed 
by  the  definitive  treaty  with  Great  Britain.  A  strong  re- 
monstrance was  made  by  the  delegates  of  Virginia,  in 
which,  not  merely  these  questions,  but  the  whole  plan  of 
the  treaty,  was  objected  to.J 

Jays  plan  proposed  to  give  to  the  merchants,  vessels, pro- 
ductions, and  manufactures  of  each  country,  the  same 
privileges  as  if  they  were  those  of  the  country  itself  It 
was  urged  that  as  Spain  made  no  discrimination  in  her 
ports  between  her  merchants  and  those  of  other  nations, 
by  this  article  the  United  States  relinquished  the  right  of 
making  any  discrimination,  however  beneficial  it  might  be 
to  her,  without  any  consideration.  As  to  the  vessels,  it 
was  objected  that  as  Spain  admitted  those  of  all  coun- 


»  6  D.  C.  165.— August  3d,  1786. 

t  These  modifications  were,  permission  to  land  and  store  American  produc- 
tions at  New-Orleans ;  an  advalorem  duty  to  be  paid  to  Spain  on  all  ship- 
ments thence  by  American  citizens ;  permission  to  our  merchants  to  re- 
side there ;  a  privilege  to  American  vessels  to  return  from  its  mouth  to  that 
port,  but  not  to  carry  any  goods,  contrary  to  the  regulations  of  Spain,  under 
pain  of  confiscation, 

MS.  J.  87. 


102  THE   REPUBLIC.  [1784. 

tries,  even  in  the  carriage  of  her  own  productions,  "  the 
United  States  bound  themselves  up  again  without  a  valuable 
consideration."  As  to  productions,  by  the  policy  of  Spain 
we  now  enjoyed  the  free  admission  of  them;  nothing 
therefore  could  be  gained  to  us  in  this  respect ;  and  when 
our  "  commerce  is  subjected  to  the  most  severe  restric- 
tions in  almost  every  foreign  port — fish  being  excluded  by 
France  and  Britain — the  Mediterranean  shut  against  us — 
the  West  Indies  occluded  almost  altogether — the  wheat 
and  rice  trade  thus  greatly  injured — tobacco  in  France  a 
monopoly,  in  Spain  contraband — one  would  suppose  it 
the  duty  of  every  wise  American  statesman  to  secure  our 
rights  and  interests  at  home — to  give  in  our  own  ports  to 
our  own  citizens  exclusive  privileges ;  but  of  this  advan- 
tage the  project  would  deprive  them."  This  proposed  stip- 
ulation was  objected  to  on  other  grounds.  It  would  be 
contrary  to  the  policy  of  the  British  navigation  act, "  by 
the  wisdom  of  which,  and  of  her  other  regulations  in  com- 
merce, it  was  stated,  Britain  had  attained  to  such  a  height 
of  power  and  grandeur  on  the  seas  as  to  be  at  the  same 
time  the  terror  and  the  admiration  of  the  world ;"  and  yet  of 
the  benefits  of  such  a  policy  and  making  such  discrimina- 
tions this  project  would  deprive  us.  As  to  manufactures, 
it  was  urged  that  the  right  of  prohibition  or  restriction  on  • 
exports  or  imports  was  given  up.  This  was  without  a  pre- 
cedent, unless  it  was  the  "  family  compact,"  which  proved 
inconvenient  and  was  annulled  ;  independent  nations  hav- 
ing always  retained  the  right  of  regulating  their  own  inte- 
rior poHce,  and  thus  of  securing  reciprocity ;  a  right,  the  ex- 
ercise of  which  would  be  subservient  to  various  purposes — 
the  promotion  of  virtue  and  frugality,  by  the  prohibition  of 
foreign  luxuries — the  encouragement  of  manufactures  and 
of  the  mechanical  arts,  by  the  prohibition  of  imports.  The 
treaties  with  France  and  other  powers  stipulated  to  each 
the  right  of  the  most  favoured  nations.     These  nations 


^T.  27.]         >  ■    HAMILTON.  103 

coming  into  the'  terms  of  Spain,  in  doing  which  they  will 
give  up  nothing,  will  be  entitled  to  these  benefits  ;  "  the 
evils  of  this  project  will  be  therefore  almost  universal,  and  of 
course  without  remedy."  The  surrender  or  forbearance  of 
the  use  of  the  Mississippi  was  objected  to  as  inconsistent  with 
ihe  compact  with  Virginia  as  to  the  western  territory.  And 
it  was  also  contended  that  its  effect  would  be  to  dismem- 
ber the  government  by  a  treaty  of  commerce,  which  could 
not  be  done  under  a  limited  power  to  treat. 

It  would  be  difficult  to  select  an  instance  in  which  the 
United  States  had  less  motive  to  reserve  or  to  exert  the 
power  of  discrimination  or'  prohibition.  As  to  vessels, 
from  the  course  of  the  trade,  the  cargoes  and  the  superior 
economy  of  American  navigation,  a  successful  competition 
on  the  part  of  Spain  was  hopeless.  How  the  policy  of 
the  British  navigation  act  could,  under  such  circumstan- 
ces, the  United  States  being  the  carriers,  have  been  ad- 
vantageously adopted,  it  is  not  easy  to  suppose.  As  to 
productions,  the  only  object  of  Spanish  traffic  the  impor- 
tation of  which  this  countr}^  has  found  it  expedient  to  pro- 
hibit, is  that  of  slaves.  As  to  manufactures,  those  of 
Spain  have  never  sought  the  American  market. 

But  it  was  urged,  if  the  commerce  with  Spain  should  be 
placed  on  the  footing  of  natives,  that  France  and  Sweden 
would  in  virtue  of  their  treaties  be  entitled  to  the  same 
terms,  only  by  reciprocating  to  the  United  States  the  same 
privilege.     Was  this  an  evil  to  be  deprecated  ? 

It  cannot  escape  observation  how  entirely  the  principles 
of  this  report  are  at  variance  with  the  instructions  pro- 
posed by  Jefferson.  Its  details  have  been  given  chiefly  to 
show  how  great  and  rapid  had  been  the  change  of  opinion 
as  to  the  commercial  policy  of  this  country,  two  years 
only  having  elapsed  since  the  approval  of  those  instruc- 
tions by  congress.  That  Virginia  should  have  been  the 
first  state  since  the  peace  to  have  proposed,  and  the  first 


104:  THE   REPUBLIC.  [1784. 

to  have  objected  to  a  system  of  free  trade,  is  only  an  in- 
stance of  the  error  of  applying  rigidly  general  maxims  of 
policy  to  the  conduct  of  nations,  without  regard  to  the 
modifications  circumstances  may  indicate.  Nor  will  it  fail 
to  be  remarked  as  additional  evidence  of  the  timid  coun- 
sels by  which  that  state  had  been  governed,  that  though 
in  seventeen  hundred  and  eighty-one,  her  legislature  had 
instructed  Madison  to  authorize  Jay  to  cede  the  right  of 
navigating  the  Mississippi  to  Spain  absolutely  and  for 
ever,  she  now  declared  that  to  consent  to  a  suspension  of 
that  right  would  be  "  to  dismember"  the  government. 

The  importance  Spain  attached  to  that  right,  is  shown 
not  only  by  her  conduct  during  the  war,  but  by  the 
promptitude  with  which  she  opened  a  negotiation  respect- 
ing it  after  the  peace.  Claiming  the  exclusive  right,  and 
denying  the  pretensions  of  this  country,  it  was  thought  to 
be  an  important  object  attained  if  a  treaty  could  be  made 
which  would  imply  that  she  accepted  the  use  of  the  river 
as  the  lessee  of  the  United  states  for  a  specified  time,  and 
thus  virtually  recognised  the  reversionary  right  to  be  in 
them  ;  thereby  terminating  all  questions  of  ownership. 

Impelled  by  this  strong  motive,  and  little  anticipating 
the  rapid  growth  of  the  w^estern  territory.  Jay  considering 
that  by  this  treaty  the  United  States  "  gained  much,  and 
sacrificed  or  gave  up  nothing,"  continued  his  negotiation 
with  the  charge  of  Spain.  He  fortunately  refused  "  to 
admit  the  navigation  of  the  Mississippi  below  their  limits 
on  any  terms,  nor  would  he  consent  to  any  article  acknow- 
ledging their  right  in  express  terms,  and  stipulating  to  for- 
bear the  use  of  it  for  a  given  time,"  a  difficulty  that  Jay 
supposed  could  be  overcome  by  imphcation,  in  which  idea 
Gardoqui  concurred. 

The  vote  prohibiting  a  surrender  of  the  navigation  of 
the  Mississippi  was  a  vote  of  nine  states  ;  that  authorizing 
this  compromise  was  given  by  seven  states.     The  consti- 


^T.  27.]         V  HAMILTON.  105 

tutionality  of  this  vote  was  denied  by  the  southern  states : 
and,  as  the  division  was  geographical,  gave  rise  to  much 
excitement.  On  the  part  of  the  south,  it  was  alleged  that 
New-England  was  solely  actuated  by  a  desire  to  check 
the  population  of  the  west,  and  thus  maintain  her  prepon- 
derance in  the  union.  The  eastern  states  having  opposed 
the  alienation  or  suspension  of  this  right  when  the  south- 
ern states  were  its  advocates,  repelled  the  charge,  and 
urged  that  this  temporary  cession  would  fix  the  permanent 
right  in  favour  of  this  country,  and  prevent  a  coalition  then 
apprehended  between  Great  Britain  and  Spain.  A  resolu- 
tion passed  directing  Jay  to  report  the  state  of  the  negotia- 
tion ;  and  as  soon  as  the  disposition  of  congress  to  consent 
to  a  limited  use  of  the  navigation  was  disclosed,  a  wide 
alarm  was  spread  along  the  western  frontier,  and  mutual 
complaints  of  aggression  by  the  borderers  were  heard. 
These  complaints  were  referred  to  Jay,  who  having  stated 
acts  of  hostility  by  both  parties,  and  his  conviction  of  the 
right  of  the  United  States  to  navigate  that  river  from  its 
source  to  the  ocean,  expressed  the  opinion  that  if  inter- 
rupted by  her  "  it  will  be  proper  to  declare  war  against 
Spain." 

In  this  state  of  the  question  Madison  proposed  to  refer 
the  consideration  of  the  American  grievances  to  a  com-- 
mittee,  but  was  unsuccessful.  In  the  mean  time  the  agents 
of  France  had  manifested  great  solicitude.  It  was  their 
wish*  that  the  negotiation  should  be  committed  to  Jeffer- 
son and  transferred  to  Madrid.     With  this  view  Madison, 


*  March  19,  1787 — Madison  to  Jefferson  : — "  I  discover,  through  several 
channels,  that  it  would  be  very  grateful  to  the  French  politicians  here  to  see 
our  negotiations  with  Spain  shifted  into  your  hands,  and  carried  on  under 
the  mediating  auspices  of  their  court." 

April  15,  1787 — Madison  to  Edmund  Randolph : — "  We  mean  to  propose 
that  Jefferson  be  sent  under  a  special  commission,  to  plead  the  cause  of  the 
Mississippi  at  Madrid."— Madison  I^apers,  vol.  2,  p.  625,  637. 


10^  THE  REPUBLIC.  [1784. 

on  the  eighteenth  of  April,  proposed  that  a  special  com- 
mission should  be  issued  to  Jefferson  to  proceed  to  Ma 
drid  "  to  enter  into  commercial  stipulations,  and  to  make 
such  representations  and  urge  such  negotiations  as  will 
be  most  likely  to  impress  on  Spain  the  friendly  disposition 
of  the  United  States,  and  to  induce  her  to  make  such  con- 
cessions touching  the  southern  limits  and  their  right  to 
navigate  the  Mississippi  below  them,  as  might  most  effec- 
tually guard  against  a  rupture  of  the  subsisting  harmony, 
and  promote  the  mutual  interests  of  the  two  nations." 
This  proposal  was  referred  to  Jay  ;  he  had  previously 
made  a  report  showing  the  disposition  of  France  to  pro- 
mote the  views  of  Spain,  and  he  now  strongly  dissuaded 
this  measure.  He  stated  that  it  was  more  advantageous 
and  more  lionourahle  to  negotiate  at  home  ;  that  this  trans- 
fer would  offend  the  Spanish  charge,  who  would  confirm 
the  suspicions  which  this  measure  might  excite  in  his  court 
of  an  intention  to  amuse  her,  a  suspicion  to  which  the  lan- 
guage of  this  resolution,  as  it  only  empowered  him  to  con- 
fer, but  not  to  conclude  a  treaty,*  would  be  too  apt  to 
give  colour.  Twelve  months  after,  the  excitement  in  the 
western  region  having  increased  by  the  extended  rumour 
of  a  disposition  to  surrender  this  right,  the  delegates  from 
North  Carolina  proposed  a  declaration  by  congress  that 
the  United  States  "  have  a  clear,  absolute,  and  unalienable^^ 
claim  to  it.  Jay,  to  whom  it  was  referred,  reported  that  a 
declaration  ought  to  be  made  that  this  rumour  was  not 


*  In  this  report,  Jay  observed  in  reference  to  the  terms  of  this  resolution  : 
"  Perhaps  this  may  only  be  an  inadvertent  inaccuracy  in  the  motion ;  if  not, 
it  gives  much  colour  to  the  inferences  above  suggested." — 4  S.  J.  342.  At 
the  sitting  of  the  Virginia  convention,  Monroe  reproved  the  conduct  of  this 
negotiation.  Madison  replied : — "  From  the  best  information,  it  never  was  the 
sense  of  the  people  at  large  or  the  prevailing  characters  of  the  eastern  states 
to  approve  of  the  measure." — 2  Elliot's  Debates,  262-3.  But  see  Madison 
Papers,  v.  2,  p.  637,  642. 


^T.  27.]         >  HAMILTON.  107 

founded  in  fact ;  but  objected  to  an  assertion  that  the  right 
was  unaHenable,  lest  it  might  exclude  the  possibility  of 
such  modifications  as,  without  impairing  it,  might  be  ad- 
vantageous to  the  country  and  satisfactory  to  its  citizens. 
A  new  committee  was  then  raised,  of  which  Hamilton  was 
chairman.  He  introduced  resolutions,  which  were  adopt- 
ed,* that  the  reported  purpose  to  surrender  this  right,  not 
being  founded  in  fact,  the  delegates  be  at  liberty  to  com- 
municate all  such  circumstances  as  may  be  necessary  to 
contradict  it  and  remove  misconceptions :  "  That  the  free 
navigation  of  the  river  Mississippi  is  a  clear  and  essential 
right  of  the  United  States,  and  that  the  same  ought  to  be 
considered  and  supported  as  such." 

The  same  disposition  which  had  been  evinced  upon  this 
question  in  seventeen  hundred  and  eighty-two,  continued 
to  be  manifested  by  Vergennes.  In  answer  to  an  inquiry 
as  to  the  extent  of  the  guarantee  in  the  treaty  of  alliance, 
he  intimated  that  "our  limits  were  not  fixed;"  and  the 
French  charge  d'affaires  was  selected  by  Spain  to  commu- 
nicate to  congress  the  menace  of  confiscation,  previously 
mentioned,  if  their  vessels  continued  to  commerce  on  the 
Mississippi. 

The  jealousies  to  which  this  negotiation  gave  rise,  were 
fanned  by  the  partisans  of  France,  and  were  among  the 
means  of  exciting  hostility  against  some  of  the  most  promi- 
nent friends  of  the  federal  constitution. 

The  relations  with  Great  Britain  still  more  exhibit  the 
disunion  and  impotence  of  this  assemblage  of  states. 

As  soon  as  her  restrictive  proclamations  were  known,  a 
general  shock  was  felt  throughout  the  confederacy.  Com- 
merce was  thrown  out  of  its  usual  channels,  and  the  mer- 
chants, largely  indebted  for  the  extensive  importations  they 
had  made,  looked  round  in  despair  for  an  outlet  to  the  produc- 

*  September  16,  1788. 


108  THE   REPUBLIC.  [1787. 

tions,  with  the  proceeds  of  which,  they  were  to  meet  their 
engagements. 

To  judge  of  the  extent  of  the  evil,  it  is  only  necessary 
to  recur  to  the  fact,  that  of  the  whole  amount  of  their  ex- 
ports when  colonies,  those  to  the  West  Indies  exceeded 
one-fourth.  It  was  the  more  severely  felt,  because  it 
chiefly  fell  upon  the  fisheries  ;  that  prolific  treasure  of  the 
ocean,  which  the  population  of  New-England  regarded  as 
a  source  of  exhaustless  wealth,  whereof  the  product  had 
composed  more  than  one  half  of  the  articles  of  commerce  in 
the  West  India  markets,  and  a  very  large  proportion  of  the 
whole  exports  of  the  colonies.*  Cramped  as  they  had 
been  by  the  restrictive  policy  of  the  parent  country,  they 
had  always  found  in  the  valuable  products  of  the  West 
Indies  a  return  for  the  fruits  of  their  enterprise,  which 
afforded  them  continual  relief.  When  deprived  of  this  re- 
source, universal  irritation  followed.  The  merchants  were 
first  aroused  to  opposition.  This  feeling  soon  extended  to 
the  people.  Wholly  unprepared  to  encounter  the  difficul- 
ties incident  to  their  existence  as  an  independent  nation,  and 
overlooking  the  rigid  restrictions  of  France  on  the  commerce 
with  her  dependencies,  they  denounced,  as  an  act  of  hos- 
tility, the  exercise  of  the  unquestionable  right  of  another 
independent  nation  to  pursue  its  own  distinct  interests. 

General  combinations  were  instantly  entered  into  to 
prevent  the  unlading  of  British  vessels.  New-Haven, 
where  the  occlusion  was  much  felt,  was  foremost  in  the 
measures  to  induce  the  prohibition  of  English  ships  arriving 

*  The  markets  of  Canada,  Newfoundland,  and  Nova  Scotia,  and  of  a 
part  of  Europe,  were  cut  off,  and  the  annual  government  bounty  of  i^0,000 
sterling  had  ceased. 

The  product  of  the  fisheries  was  estimated  in  congress  to  be  one-sixth  of 
the  whole  exports  of  the  United  States  ;  elsewhere,  at  one- tenth.  In  1775, 
Massachusetts  employed  in  them,  fourteen  thousand  tons;  in  1787,  four 
thousand. 


jEt.  27.]  HAMILTON.  109 

from  the  West  Indies.  A  meeting  was  held  at  Philadel- 
phia, urging  in  strong  terms  the  same  policy,  which  was  re- 
echoed throughout  the  impoverished  confederacy.  While 
such  was  the  temper  of  this  country,  an  essay  appeared  in 
London,. which  being  considered  as  an  expression  of  the 
sentiments  of  the  ministry  of  Great  Britain,  had  much  in- 
fluence. It  espoused  with  warmth  the  system  of  monopo- 
lies, argued  the  dependence  of  the  confederacy  upon  Brit- 
ish supplies,  and  promised  to  England,  without  further 
concessions,  the  exclusive  trade  of  the  United  States.  It 
also  took  an  extensive  view  of  their  political  condition ; 
disclosed  an  undisguised  contempt  of  the  articles  of  the 
confederation  ;  a  full  consciousness  of  the  inability  of  con- 
gress to  fulfil  any  treaty,  from  the  conflicting  powers  re- 
served to  the  states  ;  and  a  hope  to  avail  themselves  of  the 
anarchy  which  must  arise  from  the  contending  interests  of 
various  legislation,  and  of  the  facilities  which  the  want  of 
a  uniform  policy  must  give  to  the  introduction  of  British 
manufactures. 

Various  replies  to  this  pamphlet  were  made,  showing 
great  diversity  of  opinion,  indicative  rather  of  the  ingenuity 
and  fertility  of  the  popular  mind,  than  of  sound  and  practical 
views  of  the  true  interests  of  the  country.  An  essay  at 
last  appeared,  containing  "  Strictures  on  commerce,"  which, 
taking  an  enlarged  view  of  the  British  system,  showed  the  im- 
policy of  her  monopolies,  and  that  a  general  power  of  com- 
mercial regulation  vested  in  congress  would  alone  protect  the 
commerce  of  this  country,  and  prevent  a  dissolution  of  the 
union.*     This  opinion  gained  rapidly,  and  being  accelera- 

*  This  pamphlet  was  from  the  pen  of  WilUam  Bingham,  late  agent  of 
congress  at  Martinique,  elected  to  that  body  in  1786,  and  subsequently  a 
senator  of  the  United  States.  His  language  is,  "  The  states,  from  a  sense  of 
common  danger  and  common  interest,  will  more  closely  unite  together,  and 
form  one  general  system  of  exclusive  navigation,  in  regard  to  Great  Britain, 
estabhshed  on  clear,  equal,  and  determinate  principles  of  commercial  retalia. 


no  THE   KEPUBLIC.  .         [1784. 

ted  by  the  remonstrances  of  the  West  India  islands,  indu- 
ced, at  last,  a  definitive  action  by  congress.  The  states 
were  invited  to  invest  them  with  this  power  for  a  short 
term ;  but  this  salutary  proposition  was  opposed,  and 
it  was  sought  to  substitute  a  recommendation  to  each  le- 
gislature to  make  the  discrimination.*  Though  this  oppo- 
sition proceeded  principally  from  jealousy  of  a  central 
jurisdiction,  other  causes  had  influence.  Of  these,  the 
chief  was  a  great  diversity  of  opinion,  whether  the  United 
States  should  promote  their  own  maritime  importance,  or 
should  abandon  the  ocean  to  foreigners.  The  former 
opinion  was  maintained  by  the  eastern  and  middle  states  ; 
those  of  the  south  having  no  vessels,  were  disinclined  to  a 
system  which  would  temporarily  increase  the  price  of 
freight,  and  might,  as  they  apprehended,  render  them  tri- 
butary to  the  north.  There  was  little  prospect  of  an  early 
concurrence  in  this  measure.  Meanwhile,  the  various 
delicate  questions  which  had  arisen  out  of  the  definitive 
treaty,  and  the  growing  animosities  of  the  nations,  showed 
the  importance  of  closing  the  widening  breach.  This  could 
only  be  effected  by  a  commercial  treaty  ;  but  the  power  of 
making  an  effective  treaty  had  not  been  conferred  on  the 
confederation  ;  and  it  has  been  seen  from  her  reply  to  the 
overtures  of  the  joint  commission,  that  England  was  aware 
of  it.  This  was  a  serious  difficulty  ;  but  had  the  power 
existed,  great  doubts  were  entertained  of  the  disposition 
of  her  councils.     How  long  Jefferson  continued  to  flatter 

tion,  which  will  pervade  the  whole  union.  An  American  looking  forward  to 
the  future  prosperity  and  power  of  his  country,  and  contemplating  the  ten- 
dency of  this  system  towards  strengthening  the  union  of  the  states,  and  making 
it  indissoluble,  will  not  hesitate  to  acquiesce,  without  a  murmur,  to  the  ex- 
istence of  these  restraining  regulations."  Yet  of  him  Madison  states,  "  Mr. 
Bingham  alone  avowed  his  wishes  that  the  Confederacy  might  be  divided  in- 
to several  distinct  confederacies,  its  great  extent  and  various  interests  being 
incompatible  with  a  single  government." — Madison  Papers,  v.  2,  p.  589. 
*  April  30, 1784. 


^T.27.]  HAMILTON.  HI 

himself,  is  not  known,  but  the  hopeless  prospect  of  the 
joint  commission  flashed  on  the  mind  of  Adams  soon  after 
the  annunciation  of  Great  Britain,  that  she  would  re- 
quire an  embassy  to  London. 

In  a  letter  of  the  thirty-first  January,  seventeen  hundred 
and  eighty-five,  to  Gerry,  a  delegate  to  congress,  he  puts 
the  inquiry,  "  What  shall  be  done  ?"  and  answers  by  the 
observation,  "  There  are  but  two  things — either  to  send  a 
minister  to  London,  according  to  the  king's  polite  invita- 
tion, and  try  what  can  be  done  there  ;  or,  commence  im- 
mediately the  sour  work  of  retaliation.  Will  the  states 
agree  to  exclude  British  ships  from  their  ports,  and  Brit- 
ish manufactures,  or  any  of  them  ?  and  can  such  prohibi- 
tions be  executed,  or  high  duties  be  levied  ?  Suppose  you 
lay  a  heavy  duty  upon  every  British  vessel,  or  upon  Brit- 
ish manufactures,  to  retaliate  for  the  duty  on  oil,  &c.,  can 
we  go  through  with  it  ?  We  have  no  answers  to  any  of 
the  many  things  proposed  to  the  British  ministry  through 
the  Duke  of  Dorset,  and  I  really  think  nothing  will  ever 
be  done  but  by  an  exchange  of  ministers.*" 

In  another  letter  of  the  ninth  of  March  following,  he 
observes,  "  I  think  the  invitation  to  send  a  minister  to 
London  should  be  accepted,  as  it  is  undoubtedly  our  place 
to  send  first,  and  as  the  neglect  of  exchanging  ambassa- 
dors will  forever  be  regarded  as  a  proof  of  coldness  and 


*  Life  of  Gerry,  vol.  1,  464. — A  preceding  paragraph  of  the  same  letter 
shows  the  sacrifices  Adams  supposed  he  had  made  by  his  long  residence  in 
Paris.  "  I  see  the  people  have  not  lost  sight  of  their  old  friends.  I  really 
feel  an  earnest  desire  to  be  one  of  you ;  but  when  will  that  be  possible  ?  It 
is  more  agreeable  to  be  at  home  among  one's  equals,  and  to  enjoy  some  de- 
gree of  respect  and  esteem  among  those  we  feel  a  regard  for,  than  to  be  ad- 
mired  by  strangets ;  but  to  be  in  a  foreign  country,  among  strange  faces, 
manners,  languages,  and  looked  at  with  terror — rarely  finding  a  person  who 
dares  to  speak  to  one,  as  has  been  my  case,  Mr.  Dumais',  Mr.  Jay's,  and  oth- 
ers, for  years  together,  is  horrible ;  oh  !  'tis  horrible." 


112  THE    EEPUBLIC.  [1784. 

jealousy  by  the  people  of  England,  the  people  of  America, 
and  by  all  the  courts  and  nations  of  Europe."  A  letter 
from  him  to  the  secretary  of  foreign  affairs  of  the  same 
date  observes,  "  I  am  sure  we  could  not  do  less,  sepa- 
rately, than  we  are  likely  to  do  together I  make 

no  scruple,  no  hesitation  to  advise  that  a  minister  may  be 
sent  ;  nor  will  I  be  intimidated  from  giving  this  advice 
by  any  apprehension  that  I  shall  be  suspected  of  a  design 
or  desire  of  going  to  England  myself.  Whoever  goes  will 
neither  find  it  a  lucrative  nor  a  pleasant  employment,  nor 
will  he  be  envied  by  me."* 

The  reply  of  Jay  enclosed  his  credentials  to  the  court 
of  St.  James. 

Having  remained  some  weeks  in  Paris,  as  he  states,  to 
perform  the  ceremonial  of  taking  leave  of  the  court  of 
France,  he  arrived  in  London  in  May,  prepared  for  his 
presentation  at  that  of  Great  Britain.f  These  matters  of 
etiquette  being  disposed  of,  Adams  soon  after  entered  up- 
on the  business  of  his  mission. 

It  has  been  seen  in  his  letter  of  January,  written  previ- 
ous to  his  appointment,  that  an  "  embassy  or  retaliation" 
are  presented  as  the  alternatives.  Those  subsequent  to  it 
approve  of  the  discriminating  resolutions  of  certain  states, 
and  urge  "  that  we  have  no  means  to  make  an  impres- 
sion, but  by  commercial  regulations,  which  the  vulgar  may 
see  strike  essentially  at  their  interests  without  injuring  our 
own."  The  extent  of  the  constitutional  treaty  power  is 
also  discussed  ;  the  supposed  absurdity  of  thirteen  minis- 
ters at  every  court,  is  indicated  ;  the  necessity  of  enlarg- 
ing it,  is  zealously  inculcated.  This  question  had  not  oc 
curred  to  the  American  commissioners  on  the  annuncia 
tion  to  England  of  their  joint  authority. 

*  2  Dip.  Cor.  167. 

t  His  amusing  record  of  his  presentation  to  the  king  and  queen,  will  bo 
found  in  Dip.  Cor.  vol.  4,  p.  211. 


^T.27.]  HAMILTON.  113 

The  instructions  to  Adams  directed  him  to  insist  upon 
the  surrender  of  the  posts  and  territories  within  the  Hmits 
of  the  United  States  ;  to  remonstrate  against  the  infrac- 
tion of  the  definitive  treaty  by  the  deportation  of  slaves 
and  other  property  ;  and  to  represent  the  necessary  "ten- 
dency of  the  British  restrictions  to  incapacitate  our  .mer- 
chants from  remitting  to  theirs,  and  the  losses  which  would 
be  sustained  by  an  immediate  pressure  for  the  payment  of 
debts  contracted  before  the  war.  These  claims  were  stated 
to  the  British  minister  at  length.  In  prosecution  of  his 
object,  the  draft  of  a  commercial  treaty,  the  terms  of  which 
were  subsequently  approved  by  congress,  was  soon  after 
submitted  to  the  English  cabinet. 

England  had  expressed  her  readiness  to  receive  propo- 
sals, but  no  disposition  was  evinced  by  her  to  enter  upon 
a  negotiation,  nor  to  accredit  an  ambassador  to  the  Uni- 
ted States.  The  only  reply  given  to  the  plan  of  treaty, 
was  the  inquiry,  "  Can  the  United  States  secure  any  priv- 
ilege to  Great  Britain  in  which  France  will  not  partici- 
pate ?"*  and  the  embassy  to  London  was  acknowedged  by 
the  appointment  of  a  consul. 

These  were  things  not  to  be  endured,  and  yet  not  to  be 
resented  by  the  American  envoy.  Feeling  that  from  the 
magic  circle  of  court  formalities  there  was  no  escape,  Ad- 
ams, relying  upon  the  vast  results  he  attributed  to  a  simi- 
lar procedure  at  the  Hague,  resolved  to  bring  the  British 
ministry  to  a  stand  by  presenting  a  memorial  demanding 
the  evacuation  of  the  frontier  posts.  But  again,  delay  was 
followed  by  delay — all  was  ceremony — month  after  month 
elapsed,  when  a  reply  was  at  last  given.  This  reply 
avowed  the  determination  of  Great  Britain  to  act  in  per- 
fect conformity  with  the  strictest  principles  of  justice  and 
good  faith,  and  her  readiness  to  carry  every  article  of  the 

»  4  Dip.  Cor.  33a 
Vol.  III.— 8 


114  THE   EEPUBLIO.  [1784. 

definitive  treaty  into  full  effect,  whenever  America  should 
manifest  a  real  determination  to  fulfil  her  part  of  it.  It 
recapitulated  the  legislative  acts  of  eight  states,  contra- 
vening its  fourth  article,  and  insisted  on  the  injustice  of 
being  obliged  to  a  strict  observance  of  the  public  faith, 
w^hile  America  held  herself  free  to  deviate  from  her  en- 
gagements. 

This  answer  was  referred  to  Jay,  who,  after  a  full  ex- 
amination of  it,  in  which  it  appeared  that  many  of  the 
charges  were  unsustained,  admitted  that  the  first  of  the 
imputed  violations  of  the  treaty  had  been  committed  by 
the  states,  some  of  which  were  still  existing  and  ope- 
rating ;  and  that,  under  the  circumstances,  it  was  not  a 
matter  of  surprise  that  the  posts  were  detained,  and  that 
Britain  would  not  be  to  blame  in  continuing  to  hold  them, 
until  America  should  cease  to  impede  her  enjoying  every 
essential  right  secured  to  her  and  to  her  people  and  adhe- 
rents by  the  treaty.  The  report  closed  with  a  recom- 
mendation, that  congress  should  resolve  that  the  states  had 
no  right  to  construe,  retard,  or  counteract  the  execution  of 
the  treaty  ;  and  that  all  their  acts  inconsistent  therewith 
should  be  repealed  by  their  legislatures,  in  general  terms. 
He  also  recommended,  that  the  American  minister  should 
admit  to  G»eat  Britain  the  violation  of  the  fourth  and  sixth 
articles  of  the  treaty  ;  should  state  that  measures  were  in 
progress  to  correct  this ;  should  conclude  a  convention  for 
the  estimation  of  property  removed  in  violation  of  the 
seventh  article,  and  for  the  remission  of  interest  on  private 
contracts  during  the  war,  and  should  express  the  deter- 
mination of  the  United  States  to  execute  the  treaty  with 
good  faith. 

This  unwelcome  duty  was  imposed  on  Adams.  The 
British  ministry  approved  the  spirit  of  the  resolutions,  but 
still  adhered  to  the  system  it  had  adopted ;  in  pursuance 
of  which  an  act  was  passed  for  the  regulation  of  their 


jEt.  27.]  HAMILTON.  115 

trade  with  the  United  States,  extending  still  further  the 
prohibition  from  her  islands  of  American  products.  Mean- 
while, the  tone  of  the  public  feeling,  the  omission  to  appoint 
a  minister  in  return,  frequent  disappointments,  and  studied 
procrastinations,  wore  upon  the  temper  of  Adams,  who  at 
last,  in  his  correspondence  with  the  United  States,  cast  off 
all  restraint.  At  times  he  deemed  an  abandonment  by  Ame- 
rica of  her  commerce,  the  wisest  course.*  Again,  he 
urged  a  vindictive  retaliation,  as  the  only  means  of  redress, 
and  poured  out  philippics,  denouncing,  with  indiscriminate 
wrath,  England — her  institutions — her  king — her  states- 
men— her  policy — her  people.f 

This  was  a  wide  departure  from  the  opinions  he  had 
expressed  at  an  earlier  period.  "  Let  us  banish  forever 
from  our  minds,  my  countrymen,  all  such  unworthy  ideas 
of  the  king,  his  ministry,  and  the  parliament.  Let  us  not 
suppose  that  all  are  become  luxurious,  eiffeminate,  and  un- 

»4D.  C.  500. 

t "  There  is  no  resource  for  me  in  this  nation.  The  people  are  discouraged 
and  dispirited,  from  the  genered  profligacy  and  want  of  principle,  from  the 
want  of  confidence  in  any  of  the  leaders,  from  the  frequent  disappointments 
and  impositions  they  have  experienced  in  turn  from  all  parties.  Patriotism  is 
no  more  ;inor  is  any  hypocrite  successful  enough  to  make  himself  believed  to 
be  one Fox,  and  his  friends  and  patrons,  are  ruined  by  the  endless  ex- 
penses of  the  last  election,  and  have  no  longer  any  spirit,  or  any  enterprise. 
North  and  his  friends  are  afraid  of  impeachment  and  vengeance,  and  there- 
fore wiU  avoid  all  hazardous  experiments,  by  which  the  popular  cry  might  be 
excited.  Pitt  is  but  a  tool  and  an  ostensible  pageant,  a  nose  of  tender  virgin 
wax ;  he  could  not  carry  in  Parliament,  nor  in  the  cabinet,  any  honest  system 
with  America,  if  he  meant  to  do  it ;  but  he  is  himself  very  far  from  being  steady 
in  his  American  politics,  any  more  than  Camden  or  Richmond  ;  and  Sydney 
and  Carmarthen  are  cyphers." — 4  D.  C.  444-5,  468,  471 .  "  This  nation 
would  now  crouch  to  France,  for  the  sake  of  being  insolent  to  ub." — 480. 
"  The  most  remarkable  thing  in  the  king's  speech  and  the  debates  is,  that  the 
king,  and  every  member  of  each  house,  has  entirely  forgotten  that  there  is 
any  such  place  upon  the  earth  as  the  United  States  of  America.  We  appear 
to  be  considered  as  of  no  consequence  at  all  in  the  scale  of  the  world." — 
4  D.  C.  48L 


116  THE   REPUBLIC.  [1784. 

reasonable  on  the  other  side  of  the  water,  as  many  design- 
ing persons  would  insinuate.  Let  us  presume,  what  in 
fact  is  true,  that  the  spirit  of  liberty  is  as  ardent  as  ever 
among  the  body  of  her  nation,  though  a  few  individuals 
may  be  corrupted,"  ifec* 

Alarmed  by  his  extravagance,  and  apprehensive  of  be- 
ing precipitated  by  his  rashness  into  a  contest  for  which 
the  country  was  not  prepared,  a  formal  motion  was  made 
in  congress  and  adopted,  forbidding  him  to  demand  a  cat- 
egorical answer  to  his  memorial,  lest  they  should  be  involv- 
ed in  a  war  or  in  disgrace. f  These  orders  were  transmit- 
ted by  Jay,J  who,  at  the  same  time,  recommended  as  the 
true  policy  of  the  nation,  that  "  what  wrong  may  have  been 
done  should  be  undone,  and  that  the  United  States  should, 
if  it  were  only  to  preserve  peace,  be  prepared  for  war." 

Adams  now  began  to  meditate  his  return  to  the  United 
States.  The  prospect  of  a  new  government  opened  more 
grateful  scenes,  and  congress  yielded  to  his  desire  to  leave 
a  position  which  he  had  prophetically  anticipated  would  be 
a  "thicket  of  briers."  Dissatisfied  with  every  thing,  he 
bade  adieu  to  England,  where  his  worst  fears  had  been 
realized  of  "  the  insignificance"  to  which  he  would  sink, 
and  of  the  alike  "dry  decency  and  cold  civility"  with 
which  he  would  be  treated  by  the  administration  and  the 
opposition.  On  his  return  to  the  United  States,  he  found 
new  sources  of  discontent  in  the  circumstances  of  his  re- 
call. On  the  twenty-fourth  of  September,  seventeen  hun- 
dred and  eighty-seven,  a  report  was  made  by  Jay,  em- 
bracing two  points — an  approval  of  his  conduct,  and  a 
vote  of  thanks.  It  was  rejected  after  a  division  on  each 
point ;  but  on  the  fifth  of  October  the  congress  were  in- 

*  "  Essay  on  Crown  and  Feudal   Laws,    by  J.  Adams,  Ambassador 
Plen."  &c. 
+  5  D.  C.  358.  t  May  8,  1786. 


^T.  27.]  HAMILTON.  117 

duced  to  relent.  For  this  decision,  he  is  believed  to  have 
been  chiefly  indebted  to  the  exertions  of  a  leading  dele- 
gate* from  Massachusetts.-!- 

Much  as  there  was  in  the  conduct  of  Great  Britain  to 
disappoint  expectation  and  wound  national  pride,  yet  on 
a  dispassionate  view,  it  is  to  be  deemed  the  natural  result 
of  the  relative  situations  of  the  two  countries.  Many  of 
her  statesmen  saw,  or  imagined  that  they  saw,  in  a  close 
adherence  to  the  colonial  system  the  chief  sources  of  her 
wealth.  Her  jealousy  had  long. been  awakened  to  the 
competition  which  the  character  and  condition  of  the 
American  people  would  produce,  and  every  effort  to  relieve 
themselves  from  the  pressure  of  her  monopolies  confirmed 
her  adherence  to  them,  and  was  followed  by  more  minute 
and  rigorous  exactions.  It  could  therefore  with  little  pro- 
bability be  expected,  that  while  she  maintained  her  navi- 
gation act  towards  other  nations,  she  would  relax  her  sys- 
tem towards  that  power,  whose  interference  with  her  trade 
she  most  feared,  especially  as  the  United  States  were,  by 
the  treaties  they  had  formed,  precluded  offering  to  her 
any  equivalent  for  such  an  exemption. 

England  also  confided  in  the  magnitude  of  her  capital, 
in  the  credits  she  could  give,  and  in  the  cheapness  of  her 
productions,  as  ensuring  the  introduction  of  them  to  the 
American  market,  where  the  habits  of  the  people  had  al- 
ways secured  to  her  a  preference.  The  eflforts  of  France 
to  compete  with  her  had  failed,  and  while  the  British  mer- 
chants were  engrossing  the  trade,  France  was  occupied  in 
speculating  on  the  grounds  of  such  a  preference. 

These  circumstances,  combined  with  too  great  a  defer- 
ence to  the  feelings  of  the  monarch,  had  weight,  but  the 
consideration  which  chiefly  influenced  the  court  of  St. 
James,  was  the  political  condition  of  the  confederacy. 

*  Rufus  King.  t  5  D.  C.  312. 


118  THE   EEPUBLIO.  [ITS^, 

Whatever  might  be  the  future  resources  of  this  nation, 
whatever  were  the  capacities  of  the  people,  America  now 
presented  an  unrelieved  picture  of  anarchy  and  disunion. 
Her  public  engagements  had  nearly  all  been  violated,  her 
private  resources  appeared  either  to  .be  exhausted,  or 
could  not  be  called  into  action  ;  and  while  the  individual 
states  were  pursuing  measures  of  mutual  hostility  and  de- 
triment, the  confederation  was  powerless  over  their  laws, 
powerless  over  public  opinion.  Hence,  to  every  argu- 
ment or  inducement  in  favour  of  a  commercial  treaty, 
there  was  an  irrefutable  reply — America  will  not,  or  if 
she  would,  she  cannot  fulfil  it.  "  Our  ambassadors,"  Ham- 
ilton observed,  "  were  the  mere  pageants  of  mimic  sove- 
reignty." 

In  this  brief  retrospect  of  the  negotiations  with  the  two 
leading  powers  of  Europe,  nothing  is  more  obvious  than 
the  want  of  that  practical  common  sense,  which  had  car- 
ried these  States  through  the  revolution^both  in  the  ob- 
jects, and  in  the  conduct  of  them.  This  country  was,  in 
fact,  without  a  government.  Could  it  be  hoped,  that 
either  France  or  England  would  treat  on  advantageous 
terms  with  a  people  who  had  not  the  power  to  fulfil  their 
engagements  ?  Could  it  be  supposed,  for  a  moment,  that 
those  old  governments  would  abandon  their  artificial  sys- 
tems and  fixed  maxims,  affecting  so  many  public  and  pri- 
vate interests,  for  an  untried  theory  ? 

Jefferson*  at  an  early  period  advised  that  "  the  Ameri- 
can workshops  should  remain  in  Europe  ;"  that  "  perhaps 
it  might  be  better  for  us  to  abandon  the  ocean  altogether, 
that  being  the  element  whereon  we  shall  be  principally 
exposed  to  jostle  with  other  nations ;  to  leave  to  others  to 
bring  what  we  shall  want,  and  to  carry  what  we  can  spare." 
Now  he  is  the  projector  of  a  system  of  entangling  allian- 

*  Notes  on  Virginia,  p.  175,  176. 


^T.  27.]  HAMILTON.  119 

ces  with  all  the  nations  of  Europe.  He  voted  against  a 
proposition  to  adopt  the  commerce  of  "  natives"  as  the  basis 
of  treaties,  and  he  proposed  to  treat  with  England  on  that 
basis.  "  I  know,"  he  WTote  to  Adams,  "  it  goes  beyond  our 
powers,  and  beyond  the  powers  of  congress  too ;  but  it  is 
evidently  for  the  good  of  all  the  states  that  I  should  not 
be  afraid  to  risk  myself  on  it,  if  you  are  of  the  same 
opinion."* 

Abandoning  the  principle  of  his  own  instructions,!  he 
suggested  to  VergennesJ  "  that  both  nations  would  cement 
their  friendship  by  approaching  the  conditions  of  their  citi- 
zens reciprocally  to  that  of  'natives,'  as  a  better  ground  of 
intercourse  than  that  of  *the  most  favoured  nation.' "  The 
reply  of  France  was  an  arret,  approving  in  its  preamble 
a  general  freedom  of  commerce  ;  but  vindicating  the  "  ex- 
clusion of  foreign  goods,  as  required  under  existing  cir- 
cumstances by  the  interest  of  the  kingdom." 

Yet  he  at  the  same  period  avows,  "  were  I  to  indulge  my 
own  theory,  I  should  wish  them  (the  United  States)  to  prac- 
tise neither  commerce  nor  navigation,  but  to  stand,  with 
respect  to  Europe,  precisely  on  the  footing  of  China."§ 

The  opinions  of  Adams  as  to  the  foreign  policy  of  this 
country,  were  not  less  various. 

At  one  time  he  affirmed,  "  that  it  is  in  the  power  of 
America  to  tax  all  Europe  whenever  she  pleases,  by  laying 
duties  upon  her  exports,  enough  to  pay  the  interest  of 
money  enough  to  answer  all  their  purposes."|l  He  then 
enters  into  this  project  of  commercial  freedom  ;  then  de- 
nounces it,  declaring,  "  that  we  had  hitherto  been  the  bub 
bles  of  our  own  philosophical  and  equitable  liberaUty ;" 
and  indicates  as  the  only  means  of  redress,  "  commercial 
regulations."! 

*  2  D.  C.  338.— July  28, 1785.      t  Niles,  v.  12,  p.  82.      t  November,  1785. 
§  October  13,  1785.— Jeff.  Works,  vol.  1,  344.  |1  5  D,  C.  502. 

T  2  D.  C.  338. 


120  THE  REPUBLIC.  [1784. 

The  course  of  events  had  proved  the  correctness  of 
Hamilton's  vievi^s,  as  he  cahnly  consulted  the  great  perma- 
nent interests  of  the  country.  Though  in  his  liberal  spirit 
the  advocate  of  a  policy  which,  he  observed,  would  estab- 
lish "  our  system  with  regard  to  foreign  nations  upon  those 
grounds  of  moderation  and  equity  by  which  reason,  reli- 
gion, and  philosophy  had  tempered  the  harsh  maxims  of 
more  early  times,  and  that  rejects  those  principles  of  re- 
striction and  exclusion  which  are  the  foundations  of  the 
mercantile  and  navigating  system  of  Europe  ;"  yet,  judg- 
ing wisely  of  human  nature,  of  the  force  of  habit,  preju- 
dice, and  passion,  he  had  from  the  earliest  period  indicated 
the  necessity  of  conferring  upon  congress  the  power  "  of 
regulating  trade,  laying  prohibitions,  granting  bounties 
and  premiums."*  And  w^hen  he  saw  the  confederacy 
nerveless — the  states  in  colHsion — the  people  desponding 
— their  energies  withering  under  the  restrictive  regula- 
tions of  Europe — he  then  again  avowed  the  necessity  of 
counteracting  "  a  policy  so  unfriendly  to  their  prosperity, 
by  prohibitory  regulations  extending  at  the  same  time 
throughout  the  states,"  as  a  means  of  compeUing  an  equal 
traffic  ;  of  raising  the  American  navigation  so  as  to  estab- 
lish "  an  active"  instead  of  "  a  passive  commerce  ;"  of  "  a 
federal  navy,  to  defend  the  rights  of  neutrality." 

These  views,  as  the  perspective  of  this  vast  republic 
rose  before  him,  were  embraced  in  the  exhortation — "  Let 
Americans  disdain  to  be  the  instruments  of  European 
greatness  !  Let  the  thirteen  states,  bound  together  in  a 
strict  and  indissoluble  union,  concur  in  erecting  one  great 
American  system,  superior  to  the  control  of  transatlantic 
force  or  influence,  and  able  to  dictate  the  connection  be- 
tween the  old  and  the  new  world  !"f 


»  The  Constitutionalist,  No.  4,  August,  1781— No.  6,  July  4,  1782 
t  The  Federalist,  No.  11. 


CHAPTER   XLI. 

In  the  domestic  situation  of  this  country  there  was 
much  to  justify  distrust.  The  definitive  treaty  had  indeed 
assured  almost  Roman  limits  to  the  new  republic  ;  but  the 
eastern  boundary  was  disputed — the  western  denied — 
while  from  the  frowning  fortresses  which  dotted  its  out- 
line, each  morning's  drum-roll  struck  alarm  into  the  breast 
of  the  borderer,  as  it  awakened  in  the  crouching  savage 
his  slumbering  appetite  for  carnage.  The  interior  subdi- 
visions were  also  unsettled.  The  coterminous  states  of 
Massachusetts  and  New- York  had  not  yet  wearied  of  their 
disputes.  Pennsylvania,  though  her  rights  had  been  es- 
tablished under  a  constitutional  tribunal,  was  threatened 
with  a  contest  with  the  New-England  settlers  at  Wyo- 
ming, who  were  preparing  to  refer  their  claims  to  the 
most  summary  arbitrament.  Virginia  was  Compelled  to 
release  Kentucky  from  her  reluctant  embraces.  North 
Carolina  was  dissevered,  and  a  fragment  of  her  domains 
was  forming  into  an  independent  state  under  the  name  of 
Frankland,  of  which  an  assembly  preparatory  to  a  con- 
vention had  met.*  While  so  many  inducements  existed  to 
adopt  a  comprehensive  national  policy,  such  was  the  prev- 
alence of  state  jealousy,  that  instead  of  labouring  to  invig- 
orate the  arm  of  the  general  legislature,  an  aversion  to  the 
restraints  of  law,  and  an  increasing  disposition  to  withhold 
confidence  from  the  constituted  authorities,  were  daily  de- 
veloped.    Instead  of  looking  for  remedies  fo  relieve  the 

*  August  1,  1785. 


122  THE  EEPUBLIC.  [1785. 

public  distresses,  in  every  part  of  the  continent  the  prevail- 
ing anxiety  appeared  to  be  to  discover  new  objects  upc/n 
vi^hich  to  vent  dissatisfaction.  A  bill  to  repeal  the  charter 
of  the  Bank  of  North  America  passed  the  assembly  of 
Pennsylvania.  In  New- York,  a  memorial  to  incorporate 
the  bank,  of  which  the  constitution  had  been  framed  by 
Hamilton,  was  presented  to  the  legislature  early  in  seven- 
teen hundred  and  eighty-four ;  but  so  prevalent  was  the 
jealousy  of  a  moneyed  influence,  that  it  was  compelled  to 
conduct  its  affairs  during  six  years  without  corporate  im- 
munities. The  cry  arose  that  banks  were  combinations 
of  the  rich  against  the  poor,  although,  when  not  abused, 
their  tendency  is  to  raise  industrious  poverty  above  an 
undue  influence  of  wealth. 

These  were  minor  indications.  The  craving  appetite  of 
discontent  called  for  food,  and  the  recent  combinations  of 
military  men,  and  the  dangers  of  a  standing  army  in  time 
of  peace,  became  fruitful  themes  of  clamour.  An  associa- 
tion of  the  officers  of  the  late  army,  formed  at  the  en- 
campment on  the  Hudson,  "  to  preserve  inviolate  the  lib- 
erties for  which  they  had  bled,  to  promote  and  cherish 
national  union  and  honour,  and  to  render  permanent  the 
cordial  affection  of  the  officers  by  acts  of  mutual  benefi- 
cence," under  the  now  venerated  title  of  "  the  Society  of 
the  Cincinnati,"  to  continue  during  the  lives  of  the  mem- 
bers, with  succession  to  their  eldest  male  posterity,  became 
an  object  of  the  most  violent  and  wide-spread  hostility. 

The  alarm  was  first  sounded  in  an  address  under  the 
signature  of  Cassius,  written  by  iEdanus  Burke,  a  judge  of 
the  supreme  court  of  South  Carolina,  professing  to  prove 
that  this  association  created  a  race  of  hereditary  patricians, 
and  full  of  trite  allusions  to  the  orders  which  had  sprung 
up  during  the  ages  of  European  barbarism. 

This  popular  topic  was  echoed  throughout  the  states, 
and  having  performed  its  oflice  in  America,  was  seized 


^T.  28.]  HAMILTON,  123 

upon  by  Mirabeau,  and  depicted  with  all  the  power,  art, 
and  eloquence  of  his  extraordinary  genius. 

The  distrust  thus  excited  in  the  minds  of  the  people  was 
cherished  by  persons,  who,  having  served  wholly  in  a  civil 
capacity,  had  long  been  jealous  of  the  superior  populari- 
ty of  Washington  and  of  his  companions  in  arms.  One, 
with  cold  philosophy,  advised  them  to  "  melt  down  their 
eagles"* — while  another,  with  all  the  vehemence  of  "  a 
disordered  imagination,"  denounced  the  association  as  an 
inroad  upon  the  first  principles  of  equality — the  deepest 
piece  of  cunning  yet  attempted — an  institution  "  sowing 
the  seeds  of  all  that  European  courts  wish  to  grow  up 
among  us  of  vanity,  ambition,  corruption,  discord,  and  se- 
dition."! The  outcry  which  had  been  so  successfully 
raised  was  deemed  of  sufficient  importance  to  require  the 
attention  of  the  society. 

A  general  meeting  was  convened,  at  which  Washington, 
the  president-general,  presided,  and  an  abolition  of  the  he- 
reditary provision  was  recommended.  The  following 
documents  relating  to  this  subject,  show  how  entirely  the 
real  objects  of  this  association  corresponded  with  its  pro- 
fessed purpose,  and  with  what  sentiments  Washington 
viewed  this  impeachment  of  his  pure  and  elevated  patri- 
otism. Hamilton  thus  represented  to  him  the  proceedings 
of  the  state  society  of  New- York. 

"  SIR, 

"  Major  Fairlie  is  just  setting  out  on  a  visit  to  you,  1 
believe  on  some  business  relating  to  the  Cincinnati.  The 
society  of  this  state  met  some  short  time  since,  and  took 
into  consideration  the  proposed  alterations  in  the  original 
frame  of  the  institution.  Some  were  strenuous  for  adher- 
ing to  the  old  constitution,  a  few  for  adopting  the  new 
and  many  for  a  middle  line.     This  disagreement  of  opin- 

*  Jefferson.  t  Adams. 


124  THE  EEPUBLIO.  [1785. 

ion,  and  the  consideration  that  the  different  state  societies 
pursuing  different  courses — some  adopting  the  alterations 
entire,  others  rejecting  them  in  the  same  way — others 
adopting  in  part  and  rejecting  in  part — might  beget  confu- 
sion and  defeat  good  purposes,  induced  a  proposal,  which 
was  unanimously  agreed  to,  that  a  committee  should  be 
appointed  to  prepare  and  lay  before  the  society  a  circular 
letter  expressive  of  the  sense  of  the  society  on  the  different 
alterations  proposed,  and  recommending  the  giving  pow- 
ers to  a  general  meeting  of  the  Cincinnati,  to  make  such 
alterations  as  might  be  thought  advisable  to  obviate  objec- 
tions and  promote  the  interests  of  the  society.  I  believe 
there  will  be  no  difficulty  in  agreeing  to  change  the  pre- 
sent mode  of  continuing  the  society ;  but  it  appears  to  be 
the  wish  of  our  members  that  some  other  mode  may  be  de- 
fined and  substituted,  and  that  it  might  not  be  left  to  the 
uncertainty  of  legislative  provision.  We  object  to  putting 
the  funds  under  legislative  direction.  Indeed,  it  appears  to 
us  the  legislature  will  not,  at  present,  be  inclined  to  give 
us  any  sanction. 

"  I  am  of  the  committee,  and  I  cannot  but  flatter  myself 
that  when  the  object  is  better  digested  and  more  fully  ex- 
plained, it  will  meet  your  approbation. 

"  The  poor  Baron  is  still  soliciting  congress,  and  has  every 
prospect  of  indigence  before  him.  He  has  his  impru- 
dences, but  upon  the  whole,  he  has  rendered  valuable  ser- 
vices, and  his  merits  and  the  reputation  of  the  country 
alike  demand  that  he  should  not  be  left  to  suffer  want. 
If  there  should  be  any  mode  by  which  your  influence 
could  be  employed  in  his  favour,  by  writing  to  your 
friends  in  congress  or  otherwise,  the  baron  and  his  friends 
would  be  under  great  obligations  to  you." 

Washington  replied : — "  I  have  been  favoured  with  your 
letter  of  the  twenty-fifth  of  November,  by  Major  Fairlie. 


JSt.  28.]  HAMILTON.  125 

Sincerely  do  I  wish  that  the  several  state  societies  had,  or 
would  adopt  the  alterations  that  were  recommended  by  the 
general  meeting  in  May,  seventeen  hundred  and  eighty- four. 
I  then  thought,  and  have  had  no  cause  since  to  change  my 
opinion,  that  if  the  society  of  the  Cincinnati  mean  to  live  in 
peace  with  the  rest  of  their  fellow-citizens,  they  must  sub- 
scribe to  the  alterations  which  were  at  that  time  adopted. 

"  That  the  jealousies  of,  and  prejudices  against,  this  so- 
ciety were  carried  to  an  unwarrantable  length,  I  will 
readily  grant ;  and  that  less  than  was  done  ought  to  have 
removed  the  fears  which  had  been  imbibed,  I  am  as  clear 
in,  as  I  am  that  it  would  not  have  done  it ;  but  it  is  a  mat- 
ter of  little  moment,  whether  the  alarm  which  seized  the 
public  mind  was  the  result  of  foresight,  envy,  and  jealousy, 
or  a  disordered  imagination ;  the  effect  of  perseverance 
would  have  been  the  same :  wherein  then  would  have 
been  found  an  equivalent  for  the  separation  of  interests, 
which,  from  my  best  information,  not  from  one  state  only, 
but  many,  would  inevitably  have  taken  place  1 

"  The  fears  of  the  people  are  not  yet  removed,  they  only 
sleep,  and  a  very  little  matter  will  set  them  afloat  again. 
Had  it  not  been  for  the  predicament  we  stood  in  with  re- 
spect to  the  foreign  officers  and  the  charitable  part  of  the 
institution,  I  should,  on  that  occasion,  as  far  as  my  voice 
would  have  gone,  have  endeavoured  to  convince  the  nar-« 
row-minded  part  of  our  countrymen  that  the  amor  patriae 
was  much  stronger  in  our  breasts  than  theirs,  and  that  our 
conduct,  through  the  whole  of  the  business,  was  actuated 
by  nobler  and  more  generous  sentiments  than  were  appre- 
hended, by  abolishing  the  society  at  once,  with  a  declara- 
tion of  the  causes,  and  the  purity  of  its  intentions.  But 
the  latter  may  be  interesting  to  many,  and  the  former  is 
an  insuperable  obstacle  to  such  a  step. 

"  I  am  sincerely  concerned  to  find  by  your  letter  that 
the  baron  is  again  in  straitened  circumstances.     1  am 


126  THE  REPUBLIC.  [1T85. 

much  disinclined  to  ask  favours  of  congress,  but  if  I  knew 
what  the  objects  of  his  wishes  are,  I  should  have  much 
pleasure  in  rendering  him  any  services  in  my  power  with 
such  members  of  that  body  as  I  now  and  then  correspond 
with.  I  had  flattered  myself,  from  what  was  told  me 
some  time  ago,  that  congress  had  made  a  final  settlement 
with  the  baron,  much  to  his  satisfaction." 


The  state  society  of  New- York,  of  which  Baron  Steu- 
ben and  General  Schuyler  were,  at  that  time,  the  presid- 
ing officers,  met  on  the  fourth  of  July,  seventeen  hundred 
and  eighty-six ;  on  which  occasion  Colonel  Hamilton  de- 
livered an  oration,  and  at  an  adjourned  meeting  two  days 
after,  he  presented  a  report,  which  was  agreed  to,  in 
which  his  views  as  to  the  hereditary  succession  by  right 
of  primogeniture,  and  the  distinction  between  military  and 
civil  members,  are  seen. 

"  The  committee  to  whom  was  referred  the  proceedings 
of  the  society  of  the  Cincinnati,  at  their  last  general  meet- 
ing, beg  leave  to  report,  that  they  have  attentively  consid- 
ered the  alterations  proposed  at  that  meeting  to  be  made 
in  the  original  constitution  of  the  society  ;  and  though  they 
highly  approve  the  motives  which  dictated  those  alter- 
ations, they  are  of  opinion  it  would  be  inexpedient  to  adopt 
them,  and  this  chiefly  on  the  two  following  accounts. 

"  First — Because  the  institution,  as  proposed  to  be  altered, 
would  contain  in  itself  no  certain  provision  for  the  contin- 
uance of  the  society  beyond  the  lives  of  the  present  mem- 
bers ;  this  point  being  left  to  the  regulation  of  charters, 
which  may  never  be  obtained,  and  which,  in  the  opinion 
of  this  committee,  so  far  as  affects  this  object,  ought  never 
to  be  granted,  since  the  dangers  apprehended  from  the  in- 
stitution could  then  only  cease  to  be  imaginary,  when  it 
should  receive  the  sanction  of  a  legal  establishment.  The 
utmost  the  society  ought  to  wish  or  ask  from  the  several 


^T.  28.J  HAMILTON.  127 

legislatures  is^  to  enable  it  to  appoint  trustees  to  hold  iis 
property,  for  the  charitable  purposes  to  which  it  is  destined. 
Second — Because,  by  a  fundamental  article,  it  obliges  the 
society  of  each  state  to  lend  its  funds  to  the  state ;  a  pro- 
vision which  would  be  improper,  for  two  reasons  ;  one, 
that  in  many  cases  the  society  might  be  able  to  dispose  of 
its  funds  to  much  greater  advantage ;  the  other,  that  the  state 
might  not  always  choose  to  borrow  from  the  society. 

"  That  while  the  committee  entertain  this  opinion  with 
respect  to  the  proposed  alterations,  they  are  at  the  same 
time  equally  of  opinion,  that  some  alterations  in  the  origi- 
nal constitution  will  be  proper,  as  well  in  deference  to  the 
sense  of  many  of  our  fellow-citizens,  as  in  conformity  to 
the  true  spirit  of  the  institution  itself.  The  alterations 
they  have  in  view  respect  principally  the  duration  or  suc- 
cession of  the  society,  and  the  distinction  between  honora- 
ry and  regular  members.  As  to  the  first,  the  provision 
intended  to  be  made  appears  to  them  to  be  expressed  in 
terms  not  sufficiently  explicit ;  and  as  far  as  it  may  intend 
an  hereditary  succession  by  right  of  primogeniture,  is  liable 
to  this  objection — that  it  refers  to  birth  what  ought  to  belong 
to  merit  only ;  a  principle  inconsistent  with  the  genius  of  a 
society  founded  on  friendship  and  patriotism.  As  to  the 
second,  the  distinction  holds  up  an  odious  difference  be- 
tween men  who  have  served  their  country  in  one  way, 
and  those  who  have  served  it  in  another,  and  improper  in 
a  society  where  the  character  of  patriot  ought  to  be  an 
equal  title  to  all  its  members." 

Time  has  furnished  the  best  comment  on  the  character 
and  motives  of  this  association.  Notwithstanding  all  the 
alarms  which  were  felt,  or  feigned,  and  the  jealousies  which 
were  inflamed,  these  societies  have  retained  the  soli- 
tary solace  of  a  riband  and  a  medal  to  commemorate 
their  sufferings  ;  have  persevered  in  performing  their  ori- 
ginal office  of  silent  benevolence,  and  are  only  known  to 


128  THE   EEPUBLIC.  [1785. 

exist  when  they  assemble  to  celebrate  the  birthday  of  in- 
dependence ;  to  confer  a  more  sacred  distinction  upon 
some  modern  achievement  of  patriotism ;  or  to  remind  pos- 
terity, in  an  unobtrusive  recital  of  his  merits,  that  "  another 
patriot  of  the  revolution  is  no  more."* 

The  unrepealed  proclamations  of  our  great  maritime 
rival,  or,  as  England  was  termed,  in  language  becoming  an 
age  of  barbarism,  our  "  natural  enemy,"  were  more  wor- 
thy objects  of  opposition,  and  the  first  efforts  to  teach  this 
"  assuming  brother"  moderation,  are  among  the  most  in- 
teresting and  instructive  portions  of  American  history. 

The  first  proclamation  was  issued  in  July,  seventeen 
hundred  and  eighty-three.  In  December  of  that  year, 
Virginia  passed  a  resolution  recommending  congress  to 
prohibit  all  intercourse,  until  the  restrictions  upon  the  com- 
merce of  the  United  States  were  removed.  In  the  fol- 
lowing year  she  enacted  several  laws  of  a  commercial  na- 
ture. One  was  to  restrict  foreign  vessels  to  certain  ports. 
Having  instructed  her  delegates  in  congress  to  remonstrate 
against  the  infractions  of  the  treaty,  and  to  render  the  col- 
lection of  British  debts  contingent  upon  its  fulfilment,  she 
passed  an  act  empowering  congress  to  regulate  trade  and 
to  collect  a  revenue.  In  seventeen  hundred  and  eighty- 
five  she  gave  this  subject  a  more  deliberate  consideration, 
and  resolutions  were  proposed  and  discussed  in  her  legis- 
lature of  much  moment. 

*  The  medal  was  of  gold,  suspended  by  a  blue  riband  edged  with  white, 
indicative  of  the  union  with  France.  The  principal  figure  was  Cincinnatus, 
three  senators  presenting  him  a  sword,  and  other  military  ensigns.  On  a  field 
in  the  background,  his  wife  standing  at  the  door  of  their  cottage,  near  it  a 
plough  and  instruments  of  husbandry.  Around  the  whole,  "  Omnia  reliquit 
servare  rempubllcam."  On  the  reverse,  sun  rising  ;  a  city  with  open  gates, 
and  vessels  entering  the  port ;  Fame  crowning  Cincinnatus  with  a  wreath, 
inscribed,  "Virtutis  premium."  Below,  hands  joining,  supporting  a  heart, 
with  the  motto,  "  Esto  perpetua."  Round  the  whole,  "  Socielas  Cincinnato- 
rum,  mstituta,  A.  D.  1783." 


^T.  28.]  HAMILTON.  129 

It  was  moved  that  her  delegates  should  be  instructed  to 
propose  a  recommendation  to  the  states,  to  authorize  con- 
gress to  regulate  the  trade  and  collect  the  revenue  upon 
the  following  principles.  To  prohibit  vessels  of  any  na- 
tion not  in  treaty  from  entering  any  of  the  ports  of  the 
United  States,  and  to  impose  any  duties  on  such  vessels, 
or  their  cargoes,  as  they  should  judge  necessary,  provided 
they  were  uniform  throughout  the  union  ;  the  proceeds  to 
pass  into  the  treasury  of  the  states  where  they  should 
accrue.  To  this  general  authority  restrictions  were  to  be 
annexed,  that  no  state  should  impose  duties  on  goods  from 
another,  by  land  or  water,  but  might  prohibit  the  impor- 
tation from  any  other  state  of  any  particular  species  of  any 
articles,  which  were  prohibited  from  all  other  places  ;  and 
that  no  act  of  congress,  affecting  this  subject,  should  be  en- 
tered into  by  less  than  two-thirds  of  the  states,  nor  be  in 
force  beyond  a  limited  term.  An  effort  was  made  to  in- 
troduce an  amendment,  authorizing  a  continuance  of  this 
act,  by  a  vote  of  two-thirds  of  congress,  if  given  within  a 
year  prior  to  the  expiration  of  the  limited  period,  or  a  re- 
vival of  it  by  a  similar  vote  within  a  year  after.  After 
much  debate,  the  first  resolution  was  so  amended  as  to  ex- 
punge the  words,  "  nations  not  in  treaty,"  and  to  extend 
the  power  "  to  any  foreign  nation."* 

The  authority  to  collect  a  five  per  cent,  advalorem  im- 
post was  refused,  the  restrictions  on  the  respective  states 
were  retained,  and  the  duration  of  the  act  was  limited  to 
thirteen  years,  the  amendment  authorizing  its  being  con- 
tinued having  been  rejected.  After  waiting  a  year  for  the 
concurrence  of  a  sufficient  number  of  states,  in  conferring 
this  general  power  upon  congress,  Virginia,  following  the 
example  of  other  states,  passed  a  countervailing  law,  that 
no  vessels  trading  to  the  state,  other  than  those  owned 


»  November,  1785. 
Vol.  III.— 9 


130  THE  KEPUBLIO.  [1785. 

wholly  by  American  citizens,  or  by  states  having  commer- 
cial treaties  with  the  United  States,  should  be  permitted  to 
import  any  other  articles,  than  such  as  were  the  produce 
or  manufacture  of  the  state  or  kingdom  to  which  they  be- 
longed. She  gave  a  preference  of  duties  to  her  own  citi- 
zens, and  discriminated  between  states  having  and  those 
not  having  commercial  treaties  with  the  United  States  ;* 
and  for  the  purpose  of  encouraging  ship-building  within 
the  state,  gave  a  drawback  on  the  duties  imposed  on  arti- 
cles imported  in  Virginia  built  vessels,  wholly  owned  by 
citizens  of  the  United  States.  These  measures,  viewed  in 
connection  with  the  vigorous  and  obnoxious  system  of  tax- 
ation! she  now  imposed,  and  with  the  fact  that  she  had 
opened  communications  with  France  in  her  separate  capa- 
city, could  leave  little  doubt  that  she  was  preparing  for  the 
moment  to  assume  her  station  at  the  head  of  a  southern 
confederacy.  In  this  countervailing  policy  it  is  believed 
that  Maryland  was  the  first  of  the  southern  states  to  concur. 
The  action  of  New-Jersey  upon  this  subject  was  nearly 
contemporaneous  with  that  of  Virginia.  As  early  as  seven- 
teen hundred  and  seventy-eight,  she  had  represented,  when 
congress  w^ere  framing  the  articles  of  the  confederation, 
that  the  exclusive  power  of  regulating  trade  ought  to  be 
vested  in  that  body,  and  that  the  commercial  revenue 
should  be  applied  to  the  equipment  of  a  navy  and  to  the 
common  benefit.     As  soon  as  the  policy  of  England  gave 

*  December,  1786. 

t  She  passed  a  stamp  act  levying  duties  on  legal  processes,  and  upon  all 
alienations  of  property,  and  following  out  her  policy  of  discrimination,  a  car- 
riage lax,  which  was  charged  per  wheel  on  all  home-built  coaches,  and  was 
more  than  doubled  on  imported  carriages.  She  subsequently  prohibited  the 
importation  of  rum,  brandies,  and  of  all  foreign  malt  liquors,  and  imposed  a 
tax  on  bar  iron  and  castings  ;  hemp  and  hempen  ropes  not  the  product  or 
manufacture  of  the  United  States.  Thus  far  had  that  state  proceeded,  urged 
by  a  strong  necessity,  in  a  system  of  taxation,  which,  though  much  modified, 
she  subsequently  strenuously  opposed. 


^T.28.]  HAMILTOI^.  181 

practical  evidence  of  her  wise  foresight,  she  again  resolved* 
that  congress  ought  to  be  invested  with  the  power  of  pro- 
hibition. The  contiguous  state  of  Pennsylvania  had  show» 
herself  at  an  early  period  inclined  to  a  protective  system, 
and  her  successive  laws  give  evidence  of  her  desire  to  en- 
courage and  to  mature  domestic  manufactures  by  bounties 
and  discriminations.  Impelled  at  last  by  the  same  motives 
which  had  influenced  other  states,  in  March,  seventeen 
hundred  and  eighty-six,  she  enacted  a  law  restricting  her 
commerce  to  American  vessels,  unless  the  imports  were 
all  in  bottoms  belonging  to  the  countries  of  which  their 
cargoes  w^ere  the  growth,  product,  or  manufacture,  under 
pain  of  forfeiture,  and  levied  a  tonnage  duty  of  five  per 
cent,  on  foreign  vessels,  annexing  a  condition,  that  this  act 
should  be  in  force  until  congress  were  invested  with  the 
necessary  powers.  She  at  the  same  time  declared,  "  that 
the  privilege  in  the  degree  retained  by  the  states  individu- 
ally of  controlling  and  regulating  their  own  trade,  was  no 
longer  compatible  with  the  general  interest  and  w^elfare  of 
the  United  States  ;  reason  and  experience  clearly  evincing 
that  such  a  privilege  is  productive  of  mutual  inconveniences 
and  injuries  among  ourselves,  and  that  the  systems  of  seve- 
ral nations,  by  which  our  merchants  are  excluded  from 
the  most  beneficial  branches  of  their  commerce,  while  the 
whole  of  ours  is  laid  open  to  them,  cannot  be  consistently 
or  effectually  countervailed  but  by  a  unity  of  counsel  in 
fhe  great  representative  body  of  the  United  States." 

Connecticut  had  passed  an  "  act  for  the  regulation  of 
navigation"  during  the  war.  In  the  preamble  to  it,  she  re- 
cited, that  as  "  a  free,  sovereign,  independent  state,  she  had 
an  equal  right  with  all  other  sovereign  powers  to  the  free 
and  undisturbed  navigation  of  the  high  seas,  and  to  exer- 
cise a  convenient  jurisdiction  therein."     By  this  act,  her 

*  December  24,  1783. 


132  THE  REPUBLIC.  [1785. 

governor  was  appointed  "  superintendent  of  marine,"  and 
a  revenue  system  w^as  established.  In  May,  seventeen 
hundred  and  eighty-four,  Nevs^-Haven  and  New-London 
were  declared  by  her  to  be  free  ports.  All  persons  remov- 
ing there  for  the  purpose  of  commerce,  were  to  become 
free  citizens  ;  and  immunities  were  offered  to  foreign  capi- 
talists who  should  engage  in  trade.  This  act  cautiously 
provided,  that  no  countenance  should  be  given  by  it  to  the 
slave  trade,  and  that  it  should  not  contravene  any  regula- 
tions which  congress  might  be  invested  with,  for  the  pur- 
pose of  regulating  commerce.  Having  granted  to  that 
body  the  power  of  raising  an  impost,  she  in  the  mean  time 
imposed  specific  duties  on  certain  enumerated  articles,  and 
an  advalorem  duty  of  five  per  cent,  on  all  other  imports, 
not  the  growth,  produce,  or  manufacture  of  the  United 
States,  whether  imported  by  land  or  water  from  any  of  the 
states,  with  a  remission  to  those  imported  by  citizens  of 
the  state  through  another  state  for  their  own  consumption 
These  duties  were  subsequently  increased  as  to  specified 
articles,  most  of  which  were  selected  with  a  view  to  en- 
courage domestic  manufactures,  for  which  purpose,  she 
had  enacted  laws  granting  bounties.*  Subsequent  to  this  le- 
gislation forlocal  objects,  she  passed  an  act  "vesting  congress 
with  power  to  regulate  the  commerce  of  the  United  States." 
While  the  other  members  of  the  confederacy  had  mani- 
fested so  strongly  their  sense  of  the  evils  which  the  policy 
of  England  had  inflicted  upon  them,  it  was  to  have  been 
expected  that  Massachusetts,  as  the  largest  navigating 
state,  would  have  been  the  earliest  to  feel,  the  loudest  to 
reclaim  against,  the  most  zealous  to  oppose,  the  measures 

*  May,  1784. — A  bounty  of  two  pence  per  ounce  on  raw  silk  raised  and 
spun  within  the  state.  In  1787,  she  exempted  from  taxation  buildings  appro, 
priated  to  the  manufacture  of  woollen  cloths,  and  the  operatives  from  the 
poll  tax,  and  gave  a  bounty  on  spun  yam.  Iron  works  were  also  exempted 
from  assessment,  except  slitting  mills. 


JEt.  28.]  HAMILTON.  133 

which  paralyzed  her  industry.  But  that  energetic  state  was 
yet  under  the  mfluence  of  the  party  which  had  been  signally 
hostile  to  Washington,  and  jealous  of  the  general  govern- 
ment. 

The  actual  leader  of  this  party  was  Samuel  Adams  ;  the 
nominal  head,  John  Hancock.  This  gentleman  was  the 
child  of  good  fortune.  It  had  conferred  upon  him  an  im- 
portance to  which  be  had  not  been  destined  by  nature. 

Limited  in  his  information,  and  narrow  in  his  views,  he 
was  content  with  the  influence  he  had  acquired  over  the 
less  instructed  population,  in  which  he  was  much  aided  by 
the  exterior  graces  of  manner  which  adorned  this  possessor 
of  enormous  wealth.  Jealous  of  his  superiors,  his  flatter- 
ers were  his  advisers  ;  hence  his  "  gr6at  vanity,  and  exces- 
sive caprice."  He  was  elected  the  governor  of  Massachu- 
setts in  seventeen  hundred  and  eighty,  and  continued  in 
ofiice  until  seventeen  hundred  and  eighty-five,  when  he 
resigned  his  place,  shrinking  from  the  responsibilities  of  a 
trying  crisis.  During  his  administration  the  government 
lost  its  dignity,  the  laws  their  influence. 

Soon  after  the  peace,  when  financial  order  was  most 
demanded,  her  delegates  to  Congress  were  instructed  to 
use  "  unremitting  endeavours"  to  abolish  the  office  of  super- 
intendent of  Finance,  and  to  have  an  annual  Treasury 
Board  elected,  which,  it  is  seen,  was  done.  A  solemn 
warning  was  uttered  against  the  dangers  of  the  moneyed 
influence  in  the  hands  of  a  single  person.  The  refugees 
were  proscribed  as  aliens* — their  property  confiscated. 
A  military  peace  establishment  was  declared  unauthorized 
by  and  inconsistent  with  the  Articles  of  the  confederation 
— dangerous  and  unnecessary.  The  Cincinnati  were  de- 
nounced,f  and  Knox  and  Heath  concealed  their  eagles. 

*  Samuel  Adams  was  chairman  of  the  committee. — Files  of  General  Court. 
f  By  "  Gerry's  great  zeal."-— His  Life,  i.,  420.     S.  Adams  to  Gerrj^:  "I 


1^4:  THE  EEPUBLIC.  ^1785, 

The  judiciary  were  directed  to  suspend  judgment  in  ac- 
tions by  British  creditors,  and  a  suspension  of  the  interest 
on  debts  due  to  them  was  continued  by  law.  Members 
of  Congress  were  declared  ineligible  to  State  offices,  and 
even  its  secretary  was  required  to  be  annually  chosen. 
Thus  an  absurd  and  mischievous  jealousy  of  the  powers 
of  that  impotent  body  was  sought  to  be  widely  circulated. 
When  the  voice  of  freedom  is  heard  in  such  trills,,  it  must 
be  weak  indeed. 

But  the  term  of  this  delusion  was  approaching  its  close. 
This  fever  of  the  imagination  was  abating.  The  people  of 
Massachusetts,,  though  fond  of  excitement,  were  too  intelli- 
gent, longer  to  submit  to  the  thraldom  of  the  narrow  opin- 
ions of  narrow-minded  partisans.  Grave  realities — strong 
necessities  were  pressing  upon  them.  These  must  be  met, 
and  met  by  men  equal  to  the  coming  crisis.  The  selfish 
and  the  speculative  party  of  the  Adamses  was  for  a  time 
cast  aside,  and  a  body  of  patriots — persons  of  large  views, 
generous  purpose,  high  courage — ^were  charged  with  the 
public  confidence. 

New  York  having  lost  her  vantage  ground,  by  the  in- 
fluence of  George  Clinton,  Massachusetts  now  stood, 
where  from  her  exertions  and  her  sacrifices,  her  numbers 
and  her  resources,  Massachusetts  had  a  right  to  stand,  in 
the  very  foreground  of  national  politics. 

Hancock  was  succeeded  by  Bowdoin,  the  descendant 
of  an  affluent  Huguenot  who  took  refuge  from  religious 
persecution  on  the  bleak,  wild,  weather-beaten  shore  of 
the  province  of  Maine. 

look  upon  it  to  be  as  rapid  a  stride  towards  a  military  nobility  as  ever  was 
made  in  so  short  a  time."  John  Adams  to  Gerry :  "  My  countrymen  give 
reputations  to  individuals  that  are  real  tyrannies.  No  man  dare  resist  or  oppose 
them.  No  wonder,  then,  that  such  reputations  introduce  chivalry,  &e.  The 
cry  of  gratitude— gratitude  is  animal  magnetism." 


.^Et.  28.J  HAMILTON  135 

Inheriting  an  ample  fortune,  he  devoted  his  leisure  to 
science,  was  an  early  and  valued  correspondent  of  Frank- 
lin, and  was  elected  a  fellow  of  the  Royal  Society.* 

Chosen  by  his  townsmen  of  Boston  to  the  legislature, 
he  took  an  active  part  in  urging  the  plan  of  union  pro- 
posed at  Albany  in  seventeen  hundred  fifty-four.  He 
next  filled  a  seat  in  the  Council,  where  he  continued  until 
seventy-four,  leading  the  opposition  of  that  body  to  the 
arbitrary  proceedings  of  Governor  Bernard ;  and  there- 
after was  among  the  foremost  in  the  revolutionary  assem- 
blies, until  called  to  preside  over  the  convention,  which 
formed  the  constitution  of  the  state  in  seventy-nine. 

Thus  ifiature  in  counsel,  and  fitted  for  executive  func- 
tions, Bowdoin's  long-cherished  preference  of  an  efficient 
union  commended  him  to  its  highest  office  in  the  moment 
of  greatest  exigency,  and  well  did  he  perform  his  arduous 
task ;  for  his  sense  was  strong,  his  decision  manly,  his 
views  largely  prospective. 

In  April,  eighty-five,  a  town  meeting  was  held  at  Bos- 
ton under  the  auspices  of  Higginson,  in  whose  measures, 
influenced  by  the  mechanics  of  that  place,  Hancock  con- 
curred. At  this  meeting,  a  petition  was  preferred  to 
Congress,  to  contravene  the  prohibitions  of  England ;  and 
a  circular  was  addressed  to  other  maritime  places,  which, 
after  stating  the  heavy  port  charges  and  other  duties 
levied  by  her,  so  prejudicial  to  the  carrying-trade  of  the 
confederacy,  proposed  that  Congress  should  be  empowered 
to  regulate  commerce,  in  order  "  to  secure  reciprocity ; 
and  to  form  a  national  establishment,"  to  provide  for  the 
national  debts,  and  to  protect  the  trade. 

Governor  Bowdoin,  in  his  first  message,!  took  high 
ground.     John   Adams   complained,   from   London,  that 

*  Address  before  the  Maine  Historical  Society,  by  the  Hon.  Robert  L. 
Winthrop.  f  May  31, 1785. 


136  THE  REPUBLIC.  [1Y85. 

England  treated  "  the  United  States  as  a  foreign  nation."  * 
Bowdoin  admitted  the  undoubted  right  of  foreign  nations 
to  regulate  thjeir  trade,  and  asserted  that  "the  United 
States  have  the  same  right,  and  can  and  ought  to  regulate 
their  trade,  on  the  same  principle."  He  insisted  on  their 
duty  to  vest  the  power  of  regulation  in  Congress,  but  did 
not  stop  here.  "  It  is  of  great  importance,"  he  proclaim- 
ed, "  and  the  happiness  of  the  United  States  depends  upon 
it,  that  Congress  should  be  vested  v^^ith  all  the  powers 
necessary  to  preserve  the  Union,  to  manage  the  general 
concerns  of  it,  and  promote  its  common  interest."  With 
this  intent,  he  proposed  a  convention  whose  agreement, 
when  confirmed  by  the  States,  would  comprehend  these 
powers. 

This  message  produced  its  desired  effect.  The  legis- 
lature passed  a  resolution,  on  the  first  of  July,  declaring 
that  the  powers  of  Congress  were  "  not  fully  adequate  to 
the  great  purposes  they  were  originally  designed  to  effect," 
and  urging  congress  to  recommend  "  a  convention  from 
all  the  States,  to  revise  the  confederation,  and  report  to 
congress  how  far  it  may  be  necessary,  in  their  opinion,  to 
alter  or  enlarge  the  same,  in  order  to  secure  and  perpetu- 
ate the  primary  objects  of  the  Union."  The  governor 
was  requested  by  the  General  court,  to  address  a  letter  on 
this  subject  to  congress,  enclosing,  for  their  approbation, 
a  circular  to  each  of  the  States. 

A  short  time  before,  an  act  had  been  passed,  intended 
to  retaliate  the  British  restrictions  ;  and,  the  next  day,  a 
law  was  enacted,  levying  discriminating  duties,  "  to  encour- 
age agriculture,  and  to  promote  manufactures,"  and  im- 
posing an  excise  duty,  and  taxes  upon  luxuries. 

The  immediate  motive  to  this  protective  legislation 
was  the  recent  enactment  of  Connecticut.     Bowdoin  ad- 

»  Life  of  Gerry,  i.,  483. 


^T.  28.]  HAMILTON.  137 

dressed  its  governor  an  expostulatory  letter  as  to  tne  pre- 
ference it  gave  to  foreigners  in  prejudice  to  the  United 
States ;  that  it  not  only  injured  the  foreign  commerce  of 
Massachusetts,  but  prevented  its  citizens  from  vending 
articles  of  their  own  manufacture  to  the  citizens  of  Con- 
necticut ;  "  the  more  exceptionable,  inasmuch  as  for  the 
sake  of  cementing  the  Union,  which  is  the  true  policy  of 
the  confederated  commonwealth,  our  laws  exact  no  duties 
on  the  manufactures  of  the  United  States,  and  in  regard 
to  commerce,  their  citizens  respectively  stand  upon  a  foot- 
ing with  our  own." 

Immediately  after,  he  transmitted  a  circular  letter  to 
the  governors  of  each  of  the  states,  stating  that  the  retalia- 
tory act  was  "  intended  as  a  temporary  expedient,"  urging 
its  concurrence  in  vesting  congress  with  "  a  well-guarded 
power  to  regulate  the  trade  of  the  United  States,"  and 
appealing  "  to  the  mutual  feeling  of  friendship  and  attach- 
ment," "  public  virtue  and  supreme  regard  to  the  good  of 
the  whole,  which  so  powerfully  actuated  them  in  the  day 
of  common  danger,  and  which  will  be  ever  essentially 
necessary,  so  long  as  they  shall  continue  to  be  one  con- 
federated commonwealth."  His  correspondence  with 
Patrick  Henry  was  most  courteously  urgent.  "  I  trust," 
the  gallant  Moultrie  replied,  in  behalf  of  South  Carolina, 
"  that  this  state,  with  every  other  in  the  confederation, 
are  well  convinced  their  existence  as  a  nation  depends  on 
the  strength  of  the  union.  Cemented  together  in  one 
common  interest,  they  are  invincible — but  ruined  when 
divided,  and  must  fall  a  sacrifice  to  internal  dissensions 
and  foreign  usurpation." 

Governor  Henry  assured  him  of  the  best  dispositions 
in  Virginia. 

The  delegates  from  Massachusetts  to  Congress  were 
elected   by  and  represented  the   feelings  of  the  party 


138  THE  KEPUBLIC.  [1785 

which  had  just  been  defeated.  They  were  Gerry,  Hol- 
ten,  and  Rufus  King ;  the  first,  long  a  member,  the  last,  a 
native  of  Maine,  recently  appointed. 

Bowdoin's  letter  to  the  President  of  Congress  was  en- 
closed to  them.  "  Should,"  he  wrote,  "  the  nature  and 
importance  of  the  subject  appear  to  Congress  in  the  same 
point  of  light  that  it  does  to  the  court,  they  flatter  them- 
selves, that  Congress  will  so  far  endeavor  to  carry  them 
into  effect,  as  to  recommend  a  convention  of  the  States, 
at  some  convenient  place,  on  an  early  day,  that  the  evils 
so  severely  experienced  from  the  want  of  adequate 
power  in  the  Federal  Government,  may  find  a  remedy  as 
soon  as  possible.  As  a  perfect  harmony  among  the  States 
is  an  object  no  less  important  than  desirable,  the  legisla- 
ture of  the  Massachusetts  have  aimed  at  that  unassuming 
openness  of  conduct,  and  respectful  attention  to  the  rights 
of  every  State  in  the  Union,  as  they  doubt  not  will  secure 
their  confidence  and  meet  the  approbation  of  Congress. 
A  circular  letter  to  the  States  is  herewith  transmitted  to 
Congress,  which  they  ai-e  requested  to  forward  with  their 
recommendation  for  a  convention  of  Delegates  from  the 
States,  if  they  should  so  far  concur  in  sentiment  with  the 
court,  as  to  deem  such  a  recommendation  advisable." 

These  delegates  assumed  the  great  responsibility  of 
withholding  from  Congress  the  governor's  letter  and  the 
resolves  of  the  legislature  on  a  question  of  the  permanence 
of  the  Union  !  "  We  have  delayed,"  they  stated  to  him, 
"  any  communication  with  Congress  upon  this  subject, 
with  an  intention  to  state  to  your  excellency  our  senti- 
ments upon  the  probable  tendency  and  consequences  of 
the  measure,  should  it  be  adopted  by  Congress,  and  ac- 
ceded to  by  the  states.  We  are  sensible  that  our  duty 
points  out  a  prompt  and  exact  obedience  to  the  acts  and 
instructions  of  the  legislature,  but  if  a  case  arises  wherein 


^T.28.]  HAMILTON-.  139 

we  discover  most  clearly  consequences  so  fatal,  that,  had 
they  been  known,  perhaps  the  measure  adopted  would 
not  have  been  proposed,  it  may  not  be  improper  to  delay 
a  final  execution  until  we  have  the  instructions  of  the 
legislature,  after  such  pernicious  consequences  of  the 
measure  shall  have  been  submitted  to  their  examination." 

This  exposition  of  their  objections  was  made,  after  a 
delay  of  two  months,  on  the  ^ird  of  September.  It  gives 
an  interesting  view  of  the  fears  and  opinions  of  the  party 
opposed  to  an  effective  system  of  government. 

"  Reasons  assigned  for  suspending  the  delivery  to  con- 
gress of  the  governor's  letter  for  revising  ai\d  altering  the 
confederation. 

It  may  be  necessary  previously  to  observe,  that  many 
are  of  opinion  the  states  have  not  yet  had  experience  suf- 
ficient to  determine  the  extent  of  the  powers  vested  in 
congress  by  the  confederation,  and  therefore  that  every 
measure  at  this  time  proposing  an  alteration  is  premature  ; 
but  admitting  the  necessity  of  immediately  investing  con- 
gress with  more  commercial  powers,  it  may  be  expedient 
to  inquire — 

First — Whether  good  policy  does  not  require  that  those 
powers  should  be  temporary  ? 

In  determining  this  question,  we  are  led  to  consider  the 
commercial  evils  to  be  remedied,  the  efficacy  of  tempo- 
rary powers  for  this  purpose,  and  the  disposition  of  the 
several  states  touching  the  subject. 

The  evils  principally  consist  in  the  impositions,  restric- 
tions, and  prohibitions  of  foreign  powers  on  our  commerce, 
and  in  the  embarrassment  resulting  from  the  commercial 
regulations  of  our  own  states.  How  far  temporary  pow- 
ers can  remedy  these  evils,  perhaps  time  and  experience 
can  only  determine.  Thus  much  may  nevertheless  be 
suggested ;  that  as  several  treaties  which  are  now  negotia- 
ting by  our  commissioners  in  Europe  are  not  to  exceed 


140  THE  EEPUBLIO.  [1785. 

the  term  of  fifteen  years,  if  the  commercial  powers  to  be 
vested  in  congress  should  be  of  a  similar  duration,  they 
may  remedy  the  evils  for  that  term,  and  at  the  expiration 
thereof  a  new  commercial  epoch  will  commence,  when  the 
states  will  have  a  more  clear  and  comprehensive  view  of 
their  commercial  interests,  and  of  the  best  means  for  pro- 
moting the  same,  whether  by  treaties  abroad,  or  by  the 
delegation  and  exercise  of  greater  commercial  powers  at 
home. 

Whatever  the  disposition  of  the  states  may  be,  it  can  only 
be  known  by  their  acts ;  but  the  different  views  which  they 
have  had  of  the  subject,  give  reason  to  suppose  that  some 
legislatures  will  think  temporary  commercial  powers  eligible 
under  present  circumstances  ;  and  should  this  be  the  opinion 
of  but  one,  an  attempt  immediately  to  delegate  perpetual 
commercial  powers  must  fail,  and  may  prevent  a  delega- 
tion of  temporary  powers.  For  in  politics  as  in  private 
hfe,  by  aiming  at  too  much,  one  ofttimes  accomplishes  no- 
thing. 

Secondly — If  the  states  are  unanimously  disposed  to  in- 
crease the  commercial  powers  of  the  confederacy,  should 
not  the  additional  powers  be  in  the  first  instance  tempo- 
rary, and  the  adoption  of  them  as  part  of  the  confederation 
depend  on  their  beneficial  effects  ?  This  is  a  question  on 
which  we  propose  not  to  venture  a  decided  opinion ;  but 
experience  teaches  us,  that  in  the  formation  of  constitu- 
tions and  laws,  the  wisest  men  have  not  been  able  to  fore- 
see the  evasions  and  abuses  which  in  the  operation  have 
resulted  from  vague  terms  and  expressions,  latent  incon- 
sistencies, artful  constructions,  and  from  too  full  and  un- 
guarded a  delegation  of  powers. 

Whether  the  subject  of  commerce,  and  the  danger  to 
which  the  states  may  be  exposed  by  a  surrender  to  the 
union  of  their  commercial  authority,  are  so  fully  under- 
stood as  to  justify  the  consideration  of  an  immediate  altera- 


^T.  28.]  HAMILTON.  141 

tion  of  the  confederation,  is  a  matter  that  the  legislatures 
alone  are  competent  to  determine.  Any  of  them  who  may 
not  be  clear  as  to  either  of  these  points,  will  probably  (as 
in  the  other  case)  be  in  the  first  instance  in  favour  of  tem- 
porary commercial  powers,  and,  if  approved  by  experience, 
of  adopting  them  as  part  of  the  confederation ;  but  should 
all  the  states  be  in  favour  of  an  immediate  alteration  of 
the  articles,  will  it  not  be  expedient  for  them  previously  to 
consider — that  however  great  the  abuse  of  this  trust  may 
hereafter  be,  however  grievous  to  a  considerable  part  of 
the  union,  the  powers  once  delegated  in  the  confederation, 
cannot  be  revoked  without  the  unanimous  consent  of  the 
states — that  this  may  be  earnestly  sought  for,  but  never 
obtained — that  the  federal  and  state  constitutions  are  the 
great  bulwarks  of  liberty — that  if  they  are  subject  on  tri- 
vial, or  even  important  occasions,  to  be  revised  and  re- 
revised,  altered  and  realtered,  they  must  cease  to  be  con- 
sidered as  effectual  and  sacred  barriers,  and,  like  landmarks 
frequently  changed,  will  afford  no  certain  rule  for  ascer- 
taining the  boundaries,  no  criterion  for  distinguishing  be- 
tween the  rights  of  government  and  those  of  the  people — 
and,  therefore,  that  every  alteration  of  the  articles  should 
be  so  thoroughly  understood  and  digested,  as  scarcely  to 
admit  the  possibility  of  a  disposition  for  reconsideration. 

Thirdly — Shall  any  alteration,  either  temporary  or  per- 
petual, be  proposed  in  a  way  not  expressly  pointed  out 
by  the  confederation  ?  The  thirteenth  article  provides 
"  that  every  state  shall  abide  by  the  determination  of  the 
United  States  in  congress  assembled,  on  all  questions 
which  by  this  confederation  are  submitted  to  them.  And 
the  articles  of  this  confederation  shall  be  inviolably  ob- 
served by  every  state,  and  the  union  shall  be  perpetual  ; 
nor  shall  any  alteration  at  any  time  hereafter  be  made  in 
any  of  them,  unless  such  alteration  be  agreed  to  in  a  con- 
gress of  the  United  States,  and  be  afterwards  confirmed 


U2  THE  EEPUBLIC.  [1785. 

by  the  legislatures  of  every  state."  Here  no  provision  is 
made  for  or  against  a  convention,  and  therefore  it  may  be 
said  not  to  be  inconsistent  w^ith  this  article  ;  but  as  the 
proceedings  of  a  convention  would  not  be  binding  on 
congress,  should  the  latter  think  themselves  under  the  ne- 
cessity of  rejecting  the  report  of  the  former,  would  not 
the  states,  after  having  thus  incurred  a  considerable  ex- 
pense, be  dissatisfied  on  the  occasion  ?  Would  not  the  mem- 
bers of  the  convention,  which  it  must  be  supposed  would 
be  men  of  the  first  abilities  and  influence  in  the  several 
states,  be  hurt,  and  opposed  in  this  instance  to  congress  ? 
And  would  not  parties  in  the  legislatures  and  among  the 
people,  be  the  consequence  ?  If  so,  may  not  an  apprehen- 
sion of  these  evils  have  a  tendency  to  influence  some  mem- 
bers of  congress  to  give  up  their  opinions  respecting  the 
repeal,  rather  than  be  involved  in  contentions  ;  and  if  such 
are  the  prospects  of  a  convention,  will  not  congress  con- 
sider it  as  being  contrary  to  the  spirit  of  the  confedera- 
tion ?  Indeed  we  are  doubtful  whether  a  measure  of  this 
kind  would  not  be  viewed  as  manifesting  a  want  of  confi- 
dence in  congress,  and  on  this  ground  meet  their  disappro- 
bation. 

Fourthly — If  an  alteration,  either  temporary  or  perpet- 
ual, of  the  commercial  powers  of  congress  is  to  be  consid- 
ered by  a  convention,  shall  the  latter  be  authorized  to  re- 
vise the  confederation  generally,  or  only  for  express  pur- 
poses ?  The  great  object  of  the  revolution  was  the  estab- 
lishment of  good  government,  and  each  of  the  states  in 
forming  their  own  as  well  as  the  federal  constitution,  have 
adopted  republican  principles.  Notwithstanding  this, 
plans  have  been  artfully  laid  and  vigorously  pursued, 
which,  had  they  been  successful,  we  think  would  have  inev- 
itably changed  our  republican  governments  into  baleful 
aristocracies.  These  plans  are  frustrated,  but  the  same 
spirit  remains  in  their  abettors,  and  the  institution  of  the 


JEt,  28.]  HAMILTON.  143 

Cincinnati,  honourable  and  beneficent  as  the  views  may 
have  been  of  the  officers  who  composed  it,  we  fear,  if  not 
totally  abolished,  will  have  the  same  tendency.  What  the 
effect  then  may  be  of  calling  a  convention  to  revise  the 
confederation  generally,  we  leave  with  your  excellency 
and  the  honourable  legislature  to  determine. 

We  are  apprehensive,  and  it  is  our  duty  to  declare  it, 
that  such  a  measure  would  produce  throughout  the  union, 
an  exertion  of  the  friends  of  an  aristocracy  to  send  mem- 
bers who  would  promote  a  change  of  government ;  and  we 
can  form  some  judgment  of  the  plan  which  such  mem- 
bers would  report  to  congress.  But  should  the  members 
be  altogether  republican,  such  have  been  the  declamations 
of  designing  men  against  the  confederation  generally, 
against  the  rotation  of  members,  which,  perhaps,  is  the 
best  check  to  corruption,  and  against  the  mode  of  altering 
the  confederation  by  the  unanimous  consent  of  the  legisla- 
tures, which  effectually  prevents  innovations  in  the  arti- 
cles by  intrigue  or  surprise,  that  we  think  there  is  great 
danger  of  a  report  which  would  invest  congress  with  pow- 
ers that  the  honourable  legislature  have  not  the  most  dis- 
tant intention  to  delegate.  Perhaps  it  may  be  said,  this 
can  produce  no  ill  effect,  because  congress  may  correct 
the  report,  however  exceptionable ;  or,  if  passed  by  them, 
any  of  the  states  may  refuse  to  ratify  it.  True  it  is  that 
congress  and  the  states  have  such  power,  but  would  not 
such  a  report  affect  the  tranquiUity  and  weaken  the  gov- 
ernment of  the  union?  We  have  already  considered 
the  operation  of  the  report  as  it  would  respect  con- 
gress ;  and  if  animosities  and  parties  would  naturally  arise 
from  their  rejecting  it,  how  much  would  these  be  increased 
if  the  report,  approved  by  congress  and  some  of  the  states, 
should  be  rejected  by  other  states  !  Would  there  not  be 
danger  of  a  party  spirit  being  thus  more  generally  diffused 
and  warmly  supported  ?     Far  distant  we  know  it  to  be 


144  THE  REPUBLIC.  [1785. 

from  the  honourable  legislature  of  Massachusetts  to  give  up 
a  single  principle  of  republicanism,  but  when  a  general 
revision  shall  have  proceeded  from  their  motion,  and  a  re- 
port, v^^hich  to  them  may  be  highly  offensive,  shall  have 
been  confirmed  by  seven  states  in  congress,  and  ratified  by 
several  legislatures,  v^ill  not  these  be  ready  to  charge  Mas- 
sachusetts with  inconsistency  in  being  the  first  to  oppose  a 
measure  which  the  state  will  be  said  to  have  originated  ? 
Massachusetts  has  great  weight,  and  is  considered  as  one 
of  the  most  republican  states  in  the  union,  and  when  it  is 
known  that  the  legislature  have  proposed  a  general  re- 
vision, there  can  be  no  doubt  that  they  will  be  represented 
as  being  convinced  of  the  necessity  of  increasing  generally 
the  powers  of  congress,  and  the  opinion  of  the  state  will 
be  urged  with  such  art  as  to  convince  numbers  that  the 
articles  of  the  confederation  are  altogether  exceptionable  ; 
thus,  while  measures  are  taken  to  guard  against  the  evils 
arising  from  the  want,  in  one  or  two  particulars,  of  power 
in  congress,  we  are  in  great  danger  of.  incurring  the  other 
extreme.  "  More  power  in  congress,"  has  been  the  cry 
from  all  quarters,  but  especially  of  those  whose  views,  not 
being  confined  to  a  government  that  will  best  promote  the 
happiness  of  the  people,  are  extended  to  one  that  will  af- 
ford lucrative  employments  civil  and  military.  Such  a 
government  is  an  aristocracy,  which  would  require  a 
standing  army  and  a  numerous  train  of  pensioners  and 
placemen  to  prop  and  support  its  exalted  administration. 
To  recommend  one's  self  to  such  an  administration  would  be 
to  secure  an  establishment  for  life,  and  at  the  same  time  to 
provide  for  his  posterity.  These  are  pleasing  prospects 
which  republican  governments  do  not  afford,  and  it  is  not 
to  be  wondered  at,  that  many  persons  of  elevated  views 
and  idle  habits  in  these  states,  are  desirous  of  the  change. 
We  are  for  increasing  the  power  of  congress  as  far  as  it 
will  promote  the  happiness  of  the  people,  but  at  the  same 


^T.  28.]  HA  MILT  OK.  145 

time  are  clearly  of  opinion  that  every  measure  should 
be  avoided  which  w^ould  strengthen  the  hands  of  the  ene- 
mies to  free  government,  and  that  an  administration  of 
the  present  confederation,  with  all  its  inconveniences,  is 
preferable  to  the  risk  of  general  dissensions  and  animosi- 
ties, which  may  approach  to  anarchy,  and  prepare  the  way 
to  a  ruinous  system  of  government. 

Having  thus  from  a  sense  of  duty  we  owe  to  the  Uni- 
ted States,  as  well  as  to  our  constituents,  communicated  to 
your  excellency  our  sentiments  on  this  important  subject, 
we  request  you  to  lay  them  before  the  honourable  legislature 
at  their  next  session,  and  to  inform  them  that  their  meas- 
ures for  a  general  revision  of  the  confederation,  if  confirm- 
ed, shall  be  immediately  communicated  to  congress.  That 
no  time  will  be  lost  by  the  suspension,  since  the  requisi- 
tion to  the  important  matters  before  congress  would  have 
prevented  them  from  an  early  attention  to  the  propositions 
of  Massachusetts,  and  that  if  these  had  been  approved  by 
congress,  many  of  the  legislatures  being  now  adjourned, 
could  not  take  the  same  into  consideration. 

E.  Gerry, 

S.    HOLTEN, 

R.  King." 

The  views  here  expressed  show  conclusively  that  con- 
gress had  not  advanced  beyond  the  opinions  entertained 
in  eighty-three,  when  Hamilton  abandoned  his  resolutions 
for  the  establishment  of  a  National  government,  "  for  want 
of  support." 

Bowdoin  gave  a  brief,  conclusive,  pregnant,  contemp- 
tuous reply — "The  only  observation  I  shall  make  on  the 
subject  is,  that  if  in  the  Union  there  is  the  operation  of 
such  discordant  principles,  as  make  it  hazardous  to  intrust 
Congress  with  powers  necessary  to  its  well  being,  the 
Union  cannot  long  subsist."  The  delegates,  in  answer, 
Vol.  III.— 10 


146  THE  REPUBLIC.  [1785. 

insisted  that  the  wiser  course  was  "to  make  the  powers 
temporary,"  to  be  adopted  "  when  approved  by  experi- 
ence ;  that,  if  a  convention  is  necessary,  its  members 
should  be  limited  in  their  authority,  and  confined  to  the 
revision  of  such  parts  of  the  confederation  as  are  supposed 
defective,  and  not  intrusted  with  a  general  revision  of  the 
articles,  and  a  right  to  report  a  plan  of  federal  govern- 
ment essentially  different  from  the  Republican  form  now 
administered." 

The  consequence  of  this  opposition  was  the  passage 
of  a  resolution,  declaring  that  no  further  proceedings  be 
had  for  revising  the  confederation. 


CHAPTER    XLII. 

In  the  unavailing  effort  for  self-protection  by  retaliatory 
commercial  regulations,  New  Hampshire  followed  the  ex- 
ample of  Massachusetts. 

The  acts  of  both  these  States,  as  has  been  seen,  were 
infractions  of  the  treaty  with  France.  A  similar  policy 
was  pursued  by  Rhode  Island. 

These  laws  proved  the  inefficiency  of  State  legislation. 
During  their  operation  almost  every  foreign  vessel,  des- 
tined *  for  those  States,  sought  other  ports.  A  commerce 
of  great  value  was  lost,  and  with  it  the  revenue  which 
had  in  part  prompted  to  the  discrimination.*  These  re- 
strictive enactments  were  soon  repealed,  and  thus  all  the 
injuries  were  suffered,  which  are  the  fruits  of  precipitate 
legislation. 

But  these  evils  had  a  wider  influence.  The  laws  levy- 
ing imposts  disregarded  all  uniformity,  both  as  to  the  rates 
of  duty,  and  as  to  the  articles  on  which  they  were  charged.f 

*  Representations  were  made  to  the  Virginia  legislature  that  her  commerce 
had  passed  into  other  States,  and  that  what  she  lost,  Maryland  gained  by  her 
lower  duties. 

t  The  disparity  of  the  duties  is  seen  in  the  fiscal  provisions  of  the  Southern 
States,  whose  interests  at  that  time  approximated.  Maryland  levied  one  shil- 
ling and  sixpence  per  ton  on  goods  of  those  in  treaty,  two  shillings  and  eight 
pence  on  those  not  in  treaty,  on  British  goods,  6s.  8d.,  and  two  shillings  extra 
per  ton  on  other  goods.  Virginia  laid  three  shillings  and  sixpence  on  those  in 
treaty,  six  shillings  and  sixpence  on  those  not  in  treaty,  besides  two  per  cent, 
extra.  South  Carolina,  two  shillings  and  ninepence  on  British  sugars,  one 
shilling  and  eight  pence  on  those  of  other  nations. 


148  THE   REPUBLIC.  [1785 

The  consequences  of  this  inequahty  were  soon  felt,  but  in- 
stead of  looking  to  the  want  of  uniformity,  as  the  radical 
source  of  the  mischief,  the  wildest  remedies  were  resorted 
to.  Oppressive  penalties,  accumulated  oaths,  multiplied 
revenue  officers,  extravagant  and  partial  exemptions — the 
obvious  resources  of  ignorant  legislation — followed  ;  and 
when  these  failed,  the  states  were  seen  competing  with 
each  other  in  a  reduction  of  duties,  in  order  to  secure  a 
preference  to  their  own  ports.  Another  consequence  of 
this  disordered  state  of  things  was  the  negotiation  of  com- 
mercial leagues,  growing  out  of  geographical  causes,  be- 
tween the  states  of  New- Jersey  and  Pennsylvania,  and  of 
Maryland  and  Virginia,  in  direct  contravention  of  the  sixth 
article  of  the  confederation.  The  remedy  for  these  evils 
had  been  recommended  by  congress — the  investing  them 
with  a  general  power  for  the  regulation  of  commerce. 
The  delay  to  embrace  it  is  more  decisive  than  any  other 
fact  of  the  irrational  adherence  to  state  rights.  Only  four 
states  had  fuily  complied  with  this  recommendation.  Six 
had  enacted  laws  clogged  with  embarrassing  conditions 
Two  had  wholly  disregarded  it. 

How  narrow  were  the  views  which  could  not  see  the 
advantages  of  an  unrestrained  intercourse  between  the 
states,  thus  increasing  the  variety  of  exports,  and  enlarging 
the  field  of  commercial  enterprise  !  How  blind  the  jeal- 
ousy which,  in  withholding  a  central  power. to  regulate 
commerce,  overlooked  the  obvious  facts,  that,  intersected 
as  the  states  are  by  deeply  penetrating  rivers,  or  divided  by 
artificial  boundaries,  no  efficient  guards  against  illicit  trade 
could  be  interposed  by  means  consistent  with  the  maxims 
of  a  mild  policy,  and  with  a  moderate  expense  ;  and  that 
the  necessary  expense  would  compel  a  resort  to  harsh  and 
onerous  systems  of  taxation  ;  that  thus  the  states  "  would 
be  obliged,"  in  Hamilton's  language,  "to  strengthen  the 
executive  arm  of  government,  in  doing  which  their  consti- 


^T.28.]  HAMILTON.  149 

tutions  would-  acquire  a  progressive  direction  towards 
monarchy." 

At  the  meeting  of  the  legislature  of  New- York,  in  the 
year  seventeen  hundred  and  eighty-four,  Governor  Clinton 
proposed  an  enlargement  of  the  powers  of  congress,  if  ne- 
cessary, to  counteract  the  British  proclamations.  He  also 
suggested  the  estabhshment  of  funds  to  pay  the  interest 
and  (^scharge  the  principal  of  the  state  debt,  and  indicated 
as  means,  exclusive  of  direct  taxation,  the  sale  of  the  pub- 
lic lands,  internal  duties  and  excises,  marine  passes,  and  a 
tax  on  sales  at  auction.  The  suggestion  as  to  the  enlarge- 
ment of  the  powers  of  congress,  was  not  acted  upon. 

The  state  preferred  exercising  a  control  over  its  com- 
merce, and  having  estabhshed  a  customhouse,  passed  an 
act  regulating  the  customs.  This  act  imposed  a  double 
duty  on  distilled  spirits  imported  in  vessels  having  a  Brit- 
ish register,  but  made  no  other  discrimination.  A  similar 
duty  was,  during  the  next  year,  proposed  on  all  imports  in 
vessels  owned  in  whole  or  in  part  by  British  subjects,  un- 
less, for  the  purpose  of  encouraging  navigation,  such  ves- 
sels were  built  within  the  state.* 

Sensible  of  the  necessity  of  conferring  this  power  on  the 
confederacy.  General  Schuyler  opposed  this  act  in  the  sen- 
ate, and  Duer  in  the  assembly.  It  was  negatived  by  the 
council  of  revision,  on  the  ground  "that  every  attempt  by 
a  state  to  regulate  trade  without  the  concurrence  of  others, 
must  produce  injury  to  the  state,  without  any  general 
good  ;  that  partial  duties  would  lead  to  countervailing  du- 
ties, and  that  state  legislation  on  this  subject,  would  inter- 
fere with  and  embarrass  the  commercial  treaties."  It  nev- 
ertheless became  a  law. 


*  Congress  had,  in  April,  1784,  recommended  the  grant  of  a  general  pow- 
er to  them  for  this  purpose.  This  local  act  was  passed  in  the  following  No. 
vember. 


150  THE    EEPUBLIO.  [1785. 

Assured  that  the  conferring  on  congress  the  sole  power 
of  commercial  regulation,  would  be  an  important  step  to- 
wards the  institution  of  a  more  efficient  government, 
Hamilton  is  now  seen  again  exerting  his  influence.  The 
chamber  of  commerce  were  advised  to' petition  the  legisla- 
ture. A  large  meeting  was  convened  in  New- York, 
which  was  earnestly  addressed  by  him,  and  passed  resolu- 
tions recommending  the  measure.  Circulars  were  issued 
to  the  other  .states,  and  a  correspondence  opened,  which 
urged  an  enlargement  of  the  powers  of  congress  to  enable 
them  to  regulate  trade  and  to  establish  a  navy. 

The  legislature  yielded  to  these  combined  efforts,  and  at 
the  end  of  the  session  of  seventeen  hundred  and  eighty-five, 
passed  an  act  to  vest  congress  for  a  term  of  fifteen  years 
with  power  to  prohibit  the  importation  or  exportation  of 
articles  of  commerce  in  the  vessels  of  states  "  not  in  treaty," 
and  also  to  prohibit  the  subjects  of  any  foreign  state,  not  in 
treaty,  from  importing  any  goods  or  merchandise,  not  the 
produce  or  manufacture  of  the  sovereign  whose  subjects 
they  were.  But  an  express  proviso  was  annexed,  excluding 
the  United  States  from  collecting  any  revenue  or  duties 
within  the  state,  without  the  sanction  of  its  legislature. 

The  delay  of  New- York  to  concur  in  this  measure  of 
general  relief,  had  created  great  excitement  in  the  adjoin- 
ing states  of  New-Jersey  and  Connecticut.  The  former 
declared  Perth  Amboy  and  Burlington  free  ports,  and  of- 
fered special  exemptions  to  merchants  removing  thither,  as 
lures  to  commercial  capital.  In  Connecticut,  such  was  the 
discontent,  that  an  entire  prohibition  of  all  intercourse 
with  its  southern  neighbour  was  proposed,  and  would 
probably  soon  have  been  attempted. 

While  this  conflicting  legislation  prevailed  in  the  various 
states,  the  patience  of  the  suffering  people  was  nearly  ex- 
hausted. In  several,  the  debtors  were  seen  striving  to  obtain 
an  ascendency  in  the  legislatures,  and  by  suspension  acts  to 


Mt.28.]  HAMILTON".  151 

delay  the  collection  of  debts ;  and  a  general  disposition  was 
discovered,  notwithstanding  its  evils  had  so  recently  been 
felt,  to  seek  relief  in  state  emissions  of  paper  money. 

A  majority  was  found  in  New- York,  in  despite  of  the 
most  earnest  remonstrances  through  the  press,  in  favour  of 
the  issue  of  bills  of  credit,  which  were  declared  a  legal 
tender,  and  a  discrimination  was  contemplated  among  the 
different  classes  of  creditors.  Two-fifths  of  the  debt  due 
by  congress  to  the  state  were  to  be  provided  for,  and  the 
claims  of  the  army,  of  the  holders  of  the  loan-office  certifi- 
cates, and  of  the  board  of  treasury,  were  to  be  turned  over 
to  the  exhausted  exchequer  of  the  union, — thus  by  divi- 
ding the  interests  of  the  creditors,  to  weaken  one  of  the 
principal  supports  of  the  continental  system.  A  bill  for 
the  emission  of  state  paper  also  passed  the  assembly  of 
New-Jersey,  but  was  rejected  by  the  council  through  the 
firmness  of  Governor  Livingston.  So  great  was  the  pop- 
ular excitement  against  him,  that  this  virtuous  patriot  was 
loudly  decried  and  burned  in  effigy. 

South  Carolina  adopted  a  similar  policy.  Every  effort 
was  made  by  its  citizens  to  sustain  the  credit  of  the  paper ; 
but  such  were  their  impoverishment  and  discord,  that  it 
was  thought  necessary  to  pass  laws  tantamount  to  closing 
the  courts  of  justice.  North  Carolina  and  Georgia*  fol- 
lowed this  vicious  example.  Thus,  of  the  southern  states, 
Maryland  and  Virginia  only  escaped  the  contagion. 

Rhode  Island,  whose  conduct  had  become  a  reproach 
to  its  inhabitants,  did  not  merely  issue  a  state  paper,  but 
finding  it  rapidly  sinking,  passed  laws,  rendering  a  refusal 
of  it  at  specie  value  highly  penal  in  the  first  instance — 
declared  that  a  second  offence  should  be  followed  by 
disfi-anchisement,  and  created  special  tribunals  to  try  the 


•  The  paper  of  North  Carolina  is  stated  to  have  depreciated  25  per  cent ; 
that  of  Grcorgia  and  Rhode  Island,  80  per  cent. 


152  THE   REPUBLIC.  [1785. 

ofFenders,  depriving,  by  a  formal  enactment,  the  accused 
party  of  trial  by  jury.  Clauses  were  added  imposing 
a  test  oath  to  support  the  paper  at  par,  suspending  all 
officers  who  should  not  subscribe  it  within  twenty  days 
after  its  date,  rendering  a  subscription  of  this  oath  a  quali- 
fication of  the  next  legislature,  and  compelling  eveiy  male 
who  had  arrived  at  manhood  to  take  it,  or  be  disfranchised. 
It  was  called  the  bloody  bill.  An  information  was  filed 
for  refusing  the  paper.  The  judges  of  the  supreme  court 
decided  against  it.  They  were  summoned  to  appear  before 
the  assembly  to  explain  their  decision  :  four  of  them  were 
displaced  by  the  omnipotence  of  the  democracy. 

Indignant  at  these  reckless  proceedings,  Connecticut 
enacted  a  retaliatory  law  suspending  existing  suit^,  and 
forbidding  the  commencement  of  others. 

Indications  of  a  similar  temper  were  evinced  in  Massa- 
chusetts. A  proposition  was  widely  circulated,  that  the 
New-England  states  should  virtually  abdicate  the  union  by 
the  withdrawal  of  their  delegates  from  congress  ;  and  in  the 
disorganizing  rage  for  dismemberment,  her  western  coun- 
ties began  to  look  to  a  severance  from  her  dominion.  But 
as  a  state,  Massachusetts  firmly  adhered  to  the  obligations 
of  good  faith,  resisted  every  effort  to  emit  paper,  rejected 
with  indignation  a  proposal  to  purchase  her  securities  at 
a  depreciated  value,  granted  the  impost  to  congress,  and 
subsequently  passed  a  law  to  carry  into  effect  its  proposi- 
tions for  supplementary  funds. 

The  vigour  of  character  which  distinguished  her  in  her 
support  of  the  public  faith,  was  not  less  shown  by  that 
part  of  her  population  who,  from  a  variety  of  causes,  were 
opposed  to  the  requirements  of  justice. 

While  in  other  states  much  noisy  discontent  and  angry 
clamour  were  heard,  among  this  energetic  people  dissatis- 
faction soon  ripened  into  rebellion. 

Peculiar  causes  had  combined  to  increase  the  pressure 


^T.28.]  HAMILTON.  153 

on  the  states  of  Massachusetts  and  New-Hampshire. 
Their  seaboard  population,  from  being  engaged  in  the 
fisheries,  and  thus  following  pursuits  far  removed  from 
the  influence  of  the  laws,  were  little  accustomed  to  re- 
straint. Thrown  out  of  their  ordinary  occupations  at  a 
time  when  the  price  of  labour  was  low,  they  were  com- 
pelled to  seek  subsistence  on  any  terms,  and  thus  diminished 
its  general  value.  The  demand  for  supplies  created  by 
their  remote  expeditions  had  ceased.  The  commercial 
restrictions  prevented  the  outlet  of  the  surplus  produce 
of  the  state ;  and  thus  both  classes,  the  grower  and  the  con- 
sumer, were  mutually  impoverished  ;  and  the  taxes,  which 
prior  to  the  revolution  had  little  exceeded  one  hundred 
thousand  pounds,  had  augmented  to  an  enormous  amount. 
The  depreciation  of  the  currency  increased  the  distress. 
While  it  enhanced  the  nominal  amount  of  the  taxes  and 
public  charges,  by  interrupting  private  credit,  it  deterred 
from  pursuits  which  alone  could  provide  resources  for  their 
discharge,  and  led  on  to  speculative  measures,  all  of  which 
aggravated  the  evil. 

A  large  number  also  of  the  inhabitants  had  been  called  out 
by  military  requisitions  during  the  war  on  temporary  expe- 
ditions, and  leaving  the  sober  routine  of  ordinary  life,  had 
acquired  all  the  hcentiousness  without  the  disciphne  of  the 
camp.  The  firmness  of  the  legislature  put  in  motion  every 
active  and  turbulent  spirit.  Combinations  were  formed  en- 
tertaining desperate  designs,  and  conventions  of  delegates 
from  extensive  districts  of  the  state  were  held,  which  adopt- 
ed the  most  violent  resolutions,  censuring  every  measure  that 
had  been  taken  to  fulfil  the  public  engagements  ;  declaring 
open  hostility  to  the  ministers  of  justice ;  calling  for  an 
abohtion  of  all  existing  contracts ;  claiming  an  equal  dis- 
tribution of  property;  and  at  the  same  time  professing 
that  their  proceedings  were  constitutional ! 

This  ebullition  was  soon  followed  by  acts  of  open  resist- 


154:  THE  REPUBLIC.  [1785. 

ance  to  the  laws.  The  courts  were  surrounded  by  insur- 
gents ;  mobs  accompanied  the  judges  in  their  circuits ;  and 
in  the  three  western  and  largest  counties  of  the  state,  all 
legal  process  was  defied.  On  intelligence  of  these  pro- 
ceedings, the  state  government  attempted  to  exert  its  civil 
power ;  but  instead  of  repressing,  this  confirmed  and  irri- 
tated the  insurgents.  The  contagion  spread  from  town  to 
town,  and  it  at  last  became  manifest  that  a  military  force 
could  alone  overawe  their  violence. 

The  legislature  having  been  convened,  measures  were 
adopted,  not  without  opposition  from  those  claiming 
the  appellation  of  the  friends  of  the  people,  conferring 
powers  on  the  executive  equal  to  the  emergency.  These 
became  the  subjects  of  louder  clamours  and  greater  irri- 
tation. Oflfers  of  pardon  were  disregarded.  Renewed 
and  more  extensive  opposition  was  excited  against  the 
courts  of  justice,  which  were  in  one  instance  compelled 
to  stipulate  to  hold  no  future  sessions,  and  in  another  to 
give  hostages  for  the  protection  of  the  insurgents.  In 
Taunton,  it  was  deemed  necessary  to  station  a  body 
of  militia  to  secure  the  judges  and  the  jury  from  per- 
sonal violence.  The  discontented,  who  had  previously 
shown  themselves  in  detached  parties,  moved  to  a  com- 
mon point ;  and  at  last  a  body  of  a  thousand  insurgents 
was  collected  under  the  command  of  a  late  captain  in  the 
continental  army,  who  billeted  themselves  upon  the  inhabit- 
ants, and  apprehended  every  person  obnoxious  to  their 
views.  The  necessity  of  abandoning  the  lenity  which  had 
thus  far  governed  the  councils  of  the  state,  now  became  ob- 
vious. Orders  were  given  to  the  militia  to  march  upon  cer- 
tain positions,  and  the  assembled  corps  were  put  in  motion 
— one  under  General  Lincoln,  the  other  under  General 
Shephard — to  check  the  progress  of  the  insurrection.  These 
decisive  steps  were  attended  with  complete  success.  The 
insurgents  in  most  instances   fled  before   the   military. 


iET.  28.]  HAMILTON.  155 

Where  they  made  a  stand,  their  resistance  was  feeble  and 
heartless,  and  after  a  few  occasional  skirmishes,  they  dis- 
persed and  took  refuge  in  the  adjacent  states.  With  little 
hope  of  success,  and  without  the  means  of  keeping  in  a 
body,  they  soon  dwindled  into  insignificance,  and  except  a 
few  predatory  incursions  by  which  the  frontiers  of  the 
state  were  harassed,  quiet  was  restored. 

In  New-Hampshire,*  a  similar  spirit  had  been  also 
aroused.  In  the  beginning  of  eighty-five,  the  legislature, 
yielding  to  the  distresses  of  the  people,,  had  enacted  a  law 
making  every  species  of  property  a  tender  at  an  appraised 
value.  The  creditors  consequently  withheld  their  demands, 
and  the  debtors  neglected  payment.  Goods  and  real  pro- 
perty being  thereby  substituted  as  a  medium  of  exchange, 
specie  was  hoarded,  credit  suspended,  and  the  distress  in- 
creased. A  convention  was  held  which  urged  upon  the 
government  the  emission  of  bills  of  credit,  that  should  be  a 
legal  tender.  A  plan  was  formed  by  the  legislature  for  an 
issue,  to  be  loaned  on  landed  security,  redeemable  at  a  future 
period,  which  was  submitted  to  the  people  ;  but  before  any 
expression  of  opinion  could  be  obtained,  an  armed  body 
assembled  at  Exeter,  the  seat  of  government,  where  the 
legislature  was  in  session,  and  demanded  an  immediate 
comphance  with  their  terms.  The  alarmed  assembly  pro- 
posed to  consider  their  complaints ;  but  the  senate  main- 
tained its  dignity.  General  Sullivan,  who  was  the  presi- 
dent, addressed  the  people,  exposing  the  absurdity  of  their 
demands,  and  avowing  his  determination,  even  if  the  whole 
state  was  in  favour  of  the  measure,  not  to  yield  while  they 
were  surrounded  by  an  armed  force  ;  and  that  no  consider- 
ation of  personal  danger  should  compel  him  to  so  flagrant 
a  violation  of  the  constitutional  rights  of  the  people. 
-  The  contumacious  mob  then  beat  to  arms,  loaded  their 

•  Collections  of  the  New-Hampshire  Historical  Society. 


156  THE   REPUBLIC.  [1785. 

muskets  with  ball,  and  placing  sentinels  at  the  doors,  held 
the  legislature  prisoners  throughout  the  day.  At  night- 
fall, Sullivan  again  addressed  them.  In  reply  to  his  firm 
harangue,  nothing  was  heard  but  loud  clamours  for  '^pa- 
per monexf^ — "«/i  equal  distribution  of  property" — ^Hhe  an- 
nihilation of  debts" — and  "  a  release  of  taxes"  At  this  moment 
a  drum  was  heard,  and  a  party  came  in  sight,  huzzaing  for 
government.  The  mob  was  alarmed,  and  Sullivan,  followed 
by  the  legislature,  passed  unimpeded  through  its  dense  col- 
umns. He  immediately  reassembled  the  legislature  in  another 
place,  issued  orders  at  midnight  for  the  militia,  and  a  body  of 
two  thousand  being  collected  at  an  early  hour,  he  ad- 
vanced and  addressed  the  insurgents,  drawn  up  in  order  of 
battle.  A  part  yielded,  the  rest  fled,  and,  except  to  an  attempt 
to  seize  the  persons  of  their  leaders,  no  resistance  was  offered. 
The  contest  was  soon  after  transferred  from  the  field  to 
the  elections,  and,  without  any  diminished  cause  of  dis- 
content, the  people  settled  down  in  a  general  submission  to 
the  laws.  The  leaders,  Parsons,  Shays,  and  French,  threw 
themselves  on  the  mercy  of  government,  which,  with  a 
prudent  mildness,  was  satisfied  wdth  their  disfranchisement. 

It  would  be  an  error  to  pronounce  the  issue  of  these 
events  merely  fortunate,  for  where  can  an  instance  be  ad- 
duced of  so  great  and  long-continued  an  excitement,  pro- 
ceeding from  such  ample  causes,  among  a  people  just 
emerging  from  a  civil  war,  subdued  so  soon  by  a  reluctant 
exercise  of  power,  and  that  power  the  very  people,  most 
of  whom  were  participators  in  the  suflferings  which  sharp- 
ened the  edge  of  discontent  ? 

The  ease  with  which  this  insurrection  was  suppressed, 
may  be  in  part  attributed  to  the  influence  of  a  few  of  the 
leaders  in  the  revolution,  who  continued  to  possess  the 
confidence  of  the  public  ;  but  more  is  to  be  ascribed  to  the 
character  of  an  enlightened  and  not  dense  community, 
where  an  equal  condition  and  equal  forms  of  government 


Mt.  28.] 


HAMILTON 


had  produced  habits  of  obedience  to,  and  reverenc^'fijrv 
the  laws.  But  it  would  be  not  less  an  error  to  overlook 
the  fact,  that  the  issue  of  this  controversy  is  a  rare  excep- 
tion to  the  usual  course  of  such  events,  and  to  infer  from 
it,  that  a  civilized  society  may  safely  repose  upon  the  un- 
directed virtue  and  intelligence  of  its  members.  The 
tendency  of  civilization  is  to  produce  inequalities  of  condi- 
tion, and  in  the  short  period  which  has  elapsed  since  this 
rebellion,  and  notwithstanding  the  propitious  circumstances 
in  which  she  has  been  placed,  it  would  be  vain  at  this  time 
to  expect,  even  in  Massachusetts,  a  similar  result. 

A  more  extraordinary  deduction  has  been  drawn  from  the 
tranquil  termination  of  this  contest  with  the  law^s — that  re- 
bellions are  salutary ;  "  that  the  tree  of  liberty  must  be  wa- 
tered with  blood,"*  and  that  societies  which  rely  for  the 
preservation  of  order  upon  the  vigour  of  government,  are 
unwisely  constituted. 

Every  violent  aggression  upon  constitutional  authority 
IS  an  invasion  of  the  first  principle  of  social  institutions  ; 
and  little  permanence  or  happiness  can  those  institutions 
hope  to  enjoy,  or  to  preserve,  which  for  a  moment  admit 
the  dangerous  doctrine,  except  in  the  extreme  cases  which 
justify  a  revolution,  of  a  resort  to  force. 

Another  inference  must  be  adverted  to,  because  it  is  known 
to  be  the  basis  upon  which  a  large  superstructure  of  invidious 
censure  upon  the  people  of  New-England  has  been  raised — 
that  these  scenes  prompted  in  that  part  of  the  confederacy 
a  desire  for  a  monarchical  form  of  government.  This  is 
an  error  natural  to  the  region  of  country  in  which  it  was 
propagated  ;  for  where  slavery  debases  all  at  least  below 
the  rank  of  master,  how  short  is  the  interval  between  re- 
volt and  ruin;  how  great  the  excuse  for  rigour  in  the 
harsh ;  how  little  room  for  lenity  in  the  gentle  ;  how  fear- 


*  Jefferson's  writings. 


158  THE  EEPUBLIC.  [1785. 

ful  the  consequence  of  awakening  the  sufferer  to  a  sense 
of  his  injuries  ;  how  prone  the  mind  to  power !  But  there 
is  no  analogy  in  the  respective  circumstances  of  the  south- 
ern and  the  eastern  states.  Under  less  equal  forms,  rebel- 
lion has  usually  produced  some  great  modification  of  the 
political  system,  either  by  larger  grants  of  privilege  to  the 
subject,  or  greater  concentration  of  strength  in  the  rulers  ; 
but  in  New-England,  weakness  made  no  sacrifices,  power 
acquired  no  augmentation,  and  the  insurgents  were  seen  to 
lay  down  their  arms,  not  as  trembling  vassals,  reduced  to 
the  sway  of  an  imperious  master,  but  as  an  erring  part  of 
the  people  rejoining  the  mass,  happy  to  return  under  the 
protection  of  laws  which  they  had  shared  in  framing,  and 
knew  they  could  participate  in  modifying.  There  is  not 
an  authenticated  fact  to  show,  that  these  events  excited  a 
wish  for  any  other  than  a  more  efficient  but  equally  free 
government. 

Whether  by  giving  a  different  direction  to  the  public 
mind,  and  offering  a  new  hope  of  relief,  the  proposed  con- 
vention of  the  states  would  have  prevented  these  alarming 
occurrences,  it  is  impossible  to  determine.  The  despair 
of  aid  from  state  legislation  may  have  stimulated  the  peo- 
ple to  violence  ;  but  it  is  rather  to  be  believed  that  the 
popular  feelings  were  too  much  excited,  the  suffering  too 
great  and  extensive,  to  have  waited  the  issue  of  so  slow  a 
process.  The  rebelUous  temper  of  the  populace  rendered 
a  vigorous  exertion  of  the  powers  of  government  neces- 
sary ;  and  it  cannot  be  doubted,  that  this  necessity  had 
much  influence  in  inducing  the  states  to  consent  to  the  es- 
tabhshment  of  the  federal  constitution. 

The  prostration  of  commerce,  the  poverty  and  anarchy 
of  the  couRtry,  the  hopeless  prospect  before  them,  com- 
pelled the  people  to  feel  the  want  of  that  which  Hamilton 
was  the  first  to  indicate  as  the  only  resource — "  a  more 
perfect  union."     New- York  had  been  the  earliest  to  pro- 


^T.  29.]  HAMILTON.  159 

pose  a  conveation  of  the  states.  After  longer  experience, 
Massachusetts  had  declared  her  conviction  of  its  necessity ; 
to  which  Virginia,  eminently  jealous  of  her  state  sove- 
reignty, was  impelled  by  peculiar  circumstances  at  last  to 
assent. 

Her  geographical  position  rendered  it  extremely  difficult 
to  establish  an  efficient,  and  at  the  same  time  an  indepen- 
dent revenue  system.  This  difficulty  had  early  suggested 
the  importance  of  forming  a  compact  with  Maryland,  as 
to  the  jurisdiction  of  their  confluent  waters ;  and  in  De- 
cember, seventeen  hundred  and  seventy-seven,  commis- 
sioners were  appointed  by  Virginia  for  this  object.  The 
subject  was  resumed  in  seventeen  hundred  and  eighty-four, 
and  a  similar  commission  created.  Nothing  having  been 
effected  by  them,  new  commissioners  were  chosen  in  the 
succeeding  year,  who  met  the  deputies  of  Maryland  at 
Mount  Vernon.  There  they  agreed  upon  an  act  regula- 
ting the  commercial  intercourse  through  the  Potomac  and 
Chesapeake,  and  defining  the  jurisdiction  of  each  state. 
But  at  the  moment  of  framing  this  compact,  they  deemed 
it  necessary  to  extend  its  provisions  so  as  to  authorize  the 
establishment  of  a  naval  force  to  protect  these  estuaries, 
and  the  formation  of  a  mutual  tariff.  This  compact,  by 
the  articles  of  the  confederation,  required  the  previous 
consent  of  congress.  To  obviate  that  difficulty,  these  de- 
puties recommended  to  their  respective  states  the  appoint- 
ment of  other  commissioners  with  enlarged  powers,  to 
whose  proceedings  the  permission  of  congress  was  to  be 
solicited. 

On  the  thirteenth  of  January,  seventeen  hundred  and 
eighty-six,  resolutions  passed  the  legislature  of  Virginia  for 
a  uniformity  of  duties  between  the  two  states,  and  that 
commissioners  should  be  chosen  to  meet  annually,  if  re- 
quired, to  regulate  their  mutual  commercial  interests 
They  were  instructed  particularly  to  provide,  that  foreign 


>; 


160  THE  KEPUBLIC.  [1T86. 

gold  should  pass  at  the  same  rate  in  both  states,  and  that 
the  same  amount  of  damages  should  be  charged  on  pro- 
tested bills  of  exchange.  A  few  days  after,  the  house  of 
delegates  passed  a  resolution,  directing  the  projected  ar- 
rangement to  be  communicated  to  all  the  other  states,  who 
were  invited  to  send  deputies  to  a  general  meeting  for  the 
precise  purpose  "  of  considering  how  far  a  uniform  system 
of  taxation  in  their  commercial  intercourse  and  regula- 
tions might  be  necessary  to  their  common  interest  and 
permanent  harmony ;  and  to  report  an  act  relative  to  this 
great  object,  which,  when  ratified,  would  enable  the  United 
States,  in  congress  assembled,  effectually  to  provide  for  the 
same."*  Thus  it  will  be  seen  that  Virginia  merely  con- 
templated a  commercial  arrangement,  falling  far  short  of 
the  policy  which  New- York  and  Massachusetts  had  pre 
viously  embraced. 

Her  reluctance  in  granting,  and  her  repeals  of  the  im- 
post ;t  her  hostility  to  a  federal  judiciary ;  her  jealousy  as 
to  the  Mississippi ; — all  leave  little  room  for  doubt,  that  the 
project  of  a  continental  convention  to  frame  a  constitution, 
would  at  an  earlier  period  have  been  feebly  sustained  by 
her.  Washington's  circular  letter  had  produced  no  action 
on  her  part,  and  her  councils  were  swayed  by  penmen  who 
looked  upon  an  invigoration  of  the  union  with  jealousy, 
because  the  suggestion  had  emanated  from  the  army,  and 
who,  speculating  in  their  closets  on  the  dangers  of  con- 
ferring power,  had  not  considered  how  much  greater  were 
the  evils  of  usurpation,  even  from  "  necessity,"  than  those 

*  This  resolution  was  moved  by  John  Tyler,  on  the  maternal  side,  of  Hu- 
guenot descent. 

f  In  a  letter  from  R.  H.  Lee,  he  states  his  apprehensions  of  alterations  m 
the  articles  of  the  confederation,  that  he  had  "  ever  been  opposed  to  the  five 
per  cent,  impost,"  that  he  never  could  agree  that  congress  "  shall  dictate  the 
mode  of  taxation,  or  that  the  collection  shall  in  any  manner  be  subject  to 
congressional  control."  He  was  opposed  to  the  power  of  regulating  trade  — 
IJfe,  V.  2.  p".  fi2.  71. 


^T.S9.]  HAMILTON.  161 

of  a  large  constitutional  authority.*  Yet  the  precedence 
of  that  state  in  this  important  measure,  has  been  claimed 
without  hesitation,  and  generally  received  as  a  part  of 
American  history.  It  is  time  that  this  error,  with  many 
others,  -should  be  corrected. 

Soon  after  this  project  was  first  agitated,  Hamilton, 
whose  mind  had  ever  laboured  with  the  great  design  of  a 
national  constitution,  determined  to  bring  about  the  co- 
operation of  New- York.  It  was  a  part  of  his  plan,  that 
the  state  legislature  should  definitively  adopt  or  reject  the 
revenue  system  of  seventeen  hundred  and  eighty-three,  and 
in  case  of  its  rejection,  should  appoint  commissioners  to 
attend  the  commercial  convention.  "Hamilton,"  Troup 
relates,  "  had  no  idea  that  the  legislature  could  be  prevail- 
ed on  to  adopt  the  system  as  recommended  by  congress, 
neither  had  he  any  partiality  for  a  commercial  convention, 
otherwise  than  as  a  stepping  stone  to  a  general  conven- 
tion, to  form  a  general  constitution.  In  pursuance  of 
his  plan,  the  late  Mr.  Duer,  the  late  Colonel  Malcom,  and 
myself,  were  sent  to  the  state  legislature  as  part  of  the 

*  In  a  letter  of  Madison  to  R.  H.  Lee,  he  .observes,  ^^  I  have  not  yet  found 
leisure  to  scan  the  project  of  a  continental  convention  with  so  close  an  eye 
as  to  have  made  up  any  observations  worthy  of  being  mentioned  to  you.  In 
general,  I  hold  it  for  a  maxim,  that  the  union  of  the  states  is  essential  for  their 
safety  against  foreign  danger  and  internal  contention,  and  that  the  perpetui- 
ty and  efficacy  of  the  present  system  cannot  be  confided  in.  The  question 
therefore  is,  in  what  mode  and  at  what  moment  the  experiment  for  supplying  • 
the  defects  ought  to  be  made.  The  answer  to  this  question  cannot  be  made 
without  a  knowledge,  greater  than  I  possess,  of  the  temper  and  views  of  the 
different  states.  Virginia  seems,  I  think,  to  have  excellent  dispositions  to- 
wards the  confederacy,  but  lier  assent  or  dissent  to  such  a  proposition,  would 
probably  depend  much  upon  the  chance  of  having  no  opponent  capable  of 
rousing  the  jealousies  and  prejudices  of  the  assembly  against  innovations, 
particularly  such  as  will  derogate  from  their  own  power  and  importance. 
Should  a  view  of  the  other  states  present  no  ohjections  against  the  experi- 
ment, individually,  I  would  wish  none  to  be  presupposed  here." — 2  Life  of 
R.  H.  Lee,  p.  220.    Dec.  25,  1784. 


162  THE  REPUBLIC.  [178«. 

city  delegation,  and  we  were  to  make  every  possible  effort 
to  accomplish  Hamilton's  objects. 

"  Duer  was  a  man  of  commanding  eloquence.  We 
went  to  the  legislature,  and  pressed  totis  viribus  the  grant 
of  the  impost  agreeably  to  the  requisition  of  congress.  We 
failed  in  obtaining  it.  The  resolutions  of  Virginia  were 
communicated  by  Governor  Clinton,  on  the  fourteenth  of 
March,  seventeen  hundred  and  eighty-six.  We  went  all 
our  strength  in  the  appointment  of  commissioners  to  attend 
the  commercial  convention,  in  which  we  were  successful. 
The  commissioners  were  instructed  to  report  their  pro- 
ceedings to  the  next  legislature :  Hamilton  was  appointed 
one  of  them.  Thus  it  was,  that  he  was  the  principal 
instrument  to  turn  this  state  to  a  course  of  policy  that 
saved  our  country  from  incalculable  mischiefs,  if  not  from 
total  ruin." 

While  this  subject  was  in  agitation  in  other  states,  Gov- 
ernor Bowdoin  was  using  all  his  influence  to  incite  the 
people  of  Massachusetts  to  the  promotion  of  their  true  in- 
terests. In  a  special  message,  he  urged  upon  the  legisla- 
ture the  protection  of  manufactures,  stating  that  the  looms 
were  idle,  in  consequence  of  excessive  importations.  On 
a  subsequent  occasion,  after  descanting  upon  the  impor- 
tance of  conferring  the  necessary  powers  upon  congress, 
he  placed  before  them  the  serious  inquiry,  "  Shall  the  union 
cease  to  exist  ?"  and  as  soon  as  he  received  the  circular 
of  Virginia,  he  recommended  the  appointment  of  commis- 
sioners to  the  commercial  convention,  which  the  legislature 
approved.  New-Jersey,  Delaware,  and  Pennsylvania  co- 
operated in  the  measure.  "The  delegates  appointed  by 
New-York  were  Hamilton,  Duane,  Robert  R.  Livingston, 
Robert  C.  Livingston,  Benson,  and  Gansevoort.  Ganse- 
voort  declined  the  appointment.  Duane  was  prevented 
attending  by  indisposition,  Robert  R.  Livingston  by  bu- 
siness.    Hamilton  and  Benson  (then  attorney-general  of 


-^T.  29.]  HAMILTON.  163 

the  state)  proceeded  to  Annapolis,  where  they  met  the 
other  commissioners."  After  a  short  interview,  "a  com- 
mittee was  appointed  to  prepare  an  address  to  the  states, 
which  was  reported  and  agreed  to, — the  whole  in  the 
course  of  three  or  four  days,  and  we  separated.  The  draft 
was  by  Hamilton,  although  not  formally  one  of  the  com- 
mittee."* 

In  the  draft  as  originally  framed,  Hamilton  had  exhibit- 
ed frankly  and  at  large  the  condition  of  the  states,  and 
the  necessity  of  an  efficient  government.  But  it  was 
thought,!  from  the  sentiments  of  some  of  the  delegates,  and 
the  lukewarmness  exhibited  by  the  non-attendance  of  so 
many  states,  that  his  statements  were  too  explicit,  and  he  re- 
duced the  address  to  the  form  in  which  it  now  appears,  sign- 
ed by  Governor  Dickinson,  as  chairman  of  the  meeting. 

Annapolis,  September  14th,  1786. 

"  To  the  honourable  the  legislatures  of  Virginia,  Delaware, 
Pennsylvania,  and  New- York. 
"  The  commissioners  from  the  said  states  respectively 
assembled  at  Annapolis,  humbly  beg  leave  to  report,  That 
pursuant  to  their  several  appointments,  they  met  at  Anna- 
polis, in  the  state  of  Maryland,  on  the  eleventh  day  of 
September,  instant,  and  having  proceeded  to  a  communi- 
cation of  their  powers,  they  found  that  the  states  of  New- 
York,  Pennsylvania,  and  Virginia,  had  in  substance,  and 
nearly  in  the  same  terms,  authorized  their  respective  com- 
missioners to  meet  such  commissioners  as  were  or  might 
be  appointed  by  the  other  states  in  the  union,  at  such  time 
and  place  as  should  be  agreed  upon  by  the  said  commis- 
sioners, to  take  into  consideration  the  trade  and  commerce 

*  Memoir  published  by  Jwdge  Benson. 

t  The  governor,  Edmund  Randolph,  objected  to  the  report  as  first  framed. 
Madison  then  observed  to  Hamilton,  "  You  had  better  yield  to  this  man,  for 
otherwise  all  Virginia  will  be  against  you." 


164:  THE   EE PUBLIC.  [1786. 

of  the  United  States,  to  consider  how  far  an  uniform  system 
in  their  commercial  intercourse  and  regulations  might  be 
necessary  to  their  common  interest  and  permanent  harmo- 
ny, and  to  report  to  the  several  states  such  an  act  relative 
to  this  great  object,  as,  w^hen  unanimously  ratified  by  them, 
would  enable  the  United  States  in  congress  assembled 
effectually  to  provide  for  the  same. 

"  That  the  state  of  Delaware  had  given  similar  powers 
to  their  commissioners ;  with  this  difference  only,  that  the 
act  to  be  framed  in  virtue  of  these  powers,  is  required  to 
be  reported  •  to  the  United  States  in  congress  assembled, 
to  be  agreed  to  by  them,  and  confirmed  by  the  legislature 
of  every  state.' 

"  That  the  state  of  New-Jersey  had  enlarged  the  object 
of  their  appointment,  empowering  their  commissioners  *  to 
consider  how  far  an  uniform  system  in  their  commercial 
regulations,  and  other  important  matters,  might  be  neces- 
sary to  the  common  interest  and  permanent  harmony  of 
the  several  states ;  and  to  report  such  an  act  on  the  subject, 
as,  when  ratified  by  them,  would  enable  the  United  States 
in  congress  assembled  effectually  to  provide  for  the  exi- 
gencies of  the  union.' 

"  That  appointments  of  commissioners  have  also  been 
made  by  the  states  of  New-Hampshire,  Massachusetts, 
Rhode  Island,  and  North  Carolina,  none  of  whom,  how- 
ever, have  attended.  But  that  no  information  has  been 
received  by  your  commissioners  of  any  appointment  hav- 
ing been  made  by  the  states  of  Connecticut,  Maryland, 
South  Carolina,  or  Georgia.  That  the  express  terms  of 
the  powers  to  your  commissioners  supposing  a  deputation 
from  all  the  states,  and  having  for  their  object  the  trade  and 
commerce  of  the  United  States,  your  commissioners  did 
not  conceive  it  advisable  to  proceed  to  the  business  of  their 
mission  under  the  circumstance  of  so  partial  and  defective 
a  representation. 


^T.  29.J  HAMILTON.  165 

"  Deeply  impressed,  however,  with  the  magnitude  and 
importance  of  the  object  confided  to  them  on  this  occasion, 
your  commissioners  cannot  foubear  to  indulge  an  expres- 
sion of  their  earnest  and  unanimous  wish  that  speedy  meas- 
ures may  be  taken  to  effect  a  general  meeting  of  the  states 
in  a  future  convention  for  the  same,  and  such  other  pur- 
poses, as  the  situation  of  public  affairs  may  be  found  to 
require. 

"  If  in  expressing  this  wish,  or  intimating  any  other  senti- 
ment, your  commissioners  should  seem  to  exceed  the  strict 
bounds  of  their  appointment,  they  entertain  a  full  confi- 
dence that  a  conduct  dictated  by  an  anxiety  for  the  wel- 
fare of  the  United  States  will  not  fail  to  receive  a  favour- 
able construction.  In  this  persuasion,  your  commissioners 
submit  an  opinion  that  the  idea  of  extending  the  powers 
of  their  deputies  to  other  objects  than  those  of  commerce, 
which  had  been  adopted  by  the  state  of  New- Jersey,  was 
an  improvement  on  the  original  plan,  and  will  deserve  to 
be  incorporated  into  that  of  a  future  convention.  They 
are  the  more  naturally  led  to  this  conclusion,  as,  in  the 
course  of  their  reflections  on  the  subject,  they  have  been 
induced  to  think  that  the  power  of  regulating  trade  is  of 
such  comprehensive  extent,  and  will  enter  so  far  into  the 
general  system  of  the  federal  government,  that  to  give  it 
efficacy,  and  to  obviate  questions  and  doubts  concerning 
its  precise  nature  and  limits,  may  require  a  correspondent 
adjustment  of  other  parts  of  the  federal  system.  That 
there  are  important  defects  in  the  system  of  the  federal 
government,  is  acknowledged  by  the  acts  of  all  those  states 
which  have  concurred  in  the  present  meeting  ;  that  the 
defects,  upon  a  closer  examination,  may  be  found  greater 
and  more  numerous  than  even  these  acts  imply,  is  at 
least  so  far  probable,  from  the  embarrassments  which 
characterize  the  present  state  of  our  national  affairs 
foreign  and   domestic,   as  may   reasonably  be  supposed 


166  THE   REPUBLIC.  [1786. 

to  merit  a  deliberate  and  candid  discussion  in  some 
mode  which  will  unite  the  sentiments  and  councils  of  all 
the  states.  « 

"  In  the  choice  of  the  mode,  your  commissioners  are  of 
the  opinion  that  a  convention  of  deputies  from  the  differ- 
ent states  for  the  special  and  sole  purpose  of  entering  into 
this  investigation,  and  digesting  a  plan  of  supplying  such 
defects  as  may  be  discovered  to  exist,  will  be  entitled  to  a 
preference,  from  considerations  which  will  occur  without 
being  particularized.  Your  commissioners  decline  an  enu- 
meration of  those  national  circumstances  on  which  their 
opinion  respecting  the  propriety  of  a  future  convention 
with  those  enlarged  powers  is  founded,  as  it  would  be  an 
intrusion  of  facts  and  observations,  most  of  which  have 
been  frequently  the  subject  of  pubhc  discussion,  and  none 
of  which  can  have  escaped  the  penetration  of  those  to 
whom  they  would  in  this  instance  be  addressed. 

"They  are,  however,  of  a  nature  so  serious,  as,  in  the  view 
of  your  commissioners,  to  render  the  situation  of  the  Uni- 
ted States  delicate  and  critical,  calling  for  an  exertion  of 
the  united  virtue  and  wisdom  of  all  the  members  of  the 
confederacy.  Under  this  impression,  your  commissioners 
with  the  most  respectful  deference  beg  leave  to  suggest 
their  unanimous  conviction,  that  it  may  effectually  tend  to 
advance  the  interests  of  the  union,  if  the  states  by  which 
they  have  been  respectively  delegated  would  concur  them- 
selves, and  use  their  endeavours  to  procure  the  concur- 
rence of  the  other  states,  in  the  appointment  of  commis- 
sioners to  meet  at  Philadelphia  on  the  second  Monday  in 
May  next,  to  take  into  consideration  the  situation  of  the 
United  States,  to  devise  such  further  provisions  as  shall 
appear  to  them  necessary  to  render  the  constitution  of  the 
federal  government  adequate  to  the  exigencies  of  the  unions 
and  to  report  such  an  act  for  that  purpose  to  the  United 
States  in  congress  assembled,  as,  when  agreed  to  by  them 


^T.  29.]  HAMILTON.  167 

and  afterwards  confirmed  by  the  legislature  of  every  state, 
will  effectually  provide  for  the  same. 

"  Though  your  commissioners  could  not  with  propriety 
address  these  observations  and  sentiments  to  any  but  the 
states  they  have  the  honour  to  represent,  they  have  never- 
theless concluded,  from  motives  of  respect,  to  transmit 
copies  of  this  report  to  the  United  States  in  congress  as- 
sembled, and  to  the  executives  of  the  other  States." 

The  terms  of  this  address  were  cautiously  selected,  so 
as  to  be  in  strict  accordance  with  the  thirteenth  article  of 
the  confederation,  while  the  latitude  with  which  the  object 
of  the  proposed  convention  is  expressed,  indicates  Hamil- 
ton's determined  purpose  to  establish  a  well-organized 
National  Government. 


CHAPTER  XLIII. 

It  has  been  seen  that  the  conferring  on  congress  the 
power  of  levying  a  national  impost,  was  the  great  dividing 
question  on  which  the  two  parties  that  existed  in  America 
were  arrayed.  By  the  friends  of  a  general  and  enlarged 
policy,  or,  as  they  were  then  styled,  of  "  continental  poli- 
tics," this  measure  was  regarded  as  one  involving  the  fate 
of  the  country,  for  without  such  a  power  it  was  obvious 
that  the  confederation,  feeble  and  inadequate  as  it  had 
proved,  could  not  be  longer  preserved.  Its  opponents 
were  those  who  had  coalesced,  either  from  disappointment 
in  not  having  acquired  an  influence  in  the  general  councils, 
from  a  desire  to  retain  powers  in  the  states  that  might  be 
wielded  for  the  gratification  of  their  ambition,  from  an  un- 
defined or  pretended  apprehension  of  the  dangers  to  their  lib- 
erties which  might  result  from  so  large  a  confidence  as  t^e 
control  of  the  national  funds,  and  in  certain  states  from  a 
calculation  of  the  partial  benefits  to  be  derived  from  peculiar 
circumstances  of  more  extensive  territory,  favourable  posi- 
tion, and  natural  advantages.  These  lent  themselves  to  the 
most  absurd  suspicions,  deprecated  any  advance  towards 
this  great  object  as  an  approach  to  a  gulf  in  which  every 
vestige  of  liberty  would  be  merged,  and  appealing  to  each 
narrow  passion,  the  off*spring  of  inconsiderateness,  igno- 
rance, or  pride,  gratified  their  vanity,  and  increased  their 
influence,  by  being  esteemed  the  zealous  watchmen  of  lib- 
erty, and  especial  guardians  of  state  rights.  This  party 
was  the  proper  growth  of  the  articles  of  confederation. 


JEt.  29.]  HAMILTON".  169 

It  had  acquired  a  complete  ascendency  throughout  the 
country,  thus  affording  another  proof  that  false  principles, 
while  they  hasten  decay  in  the  system  into  which  they  en- 
ter, give  a  noxious  vitality  to  the  parasitic  plants  which 
flourish  in  the  progress  of  its  corruption. 

That  ascendency  was  inconsistent  with  the  preservation 
of  the  Union ;  nor  should  we  know  from  its  effects  at  this 
time  that  the  Union  existed,  but  that  the  pageantry  of  a 
congress  was  still  kept  up.  The  members  chosen  to  meet 
in  November,  seventeen  hundred  and  eighty-five,  did  not 
assemble  until  February,  seventeen  hundred  and  eighty-six. 
Their  first  dehberations  related  to  the  finances.  The  re- 
port of  a  committee  showed  that  the  requisitions  for  the 
four  preceding  years  a  little  exceeded  seven  millions  of 
dollars  ;  that  the  total  receipts  were  rather  more  than  one- 
third  of  this  sum,  of  which  less  than  one-tenth  had  been 
collected  within  the  last  fourteen  months  ;  that  the  means 
for  discharging  the  interest  on  the  foreign  debt  would  have 
been  inadequate,  but  for  the  unappropriated  residue  of  the 
Dutch  loan ;  that  further  loans  could  not  be  obtained ; 
that  the  emission  of  bills  of  credit  was  hopeless ;  that  the 
only  remaining  resource  was  the  public  lands — but  public 
securities  being  receivable  for  them,  they  could  only  aid 
in  reducing  the  public  debt ;  and  that,  after  the  maturest 
consideration,  they  were  unable  to  devise  any  other  than 
the  revenue  system  of  seventeen  hundred  and  eighty-three. 
It  then  proceeded  to  state,  that  seven  states  had  complied 
with  it  in  part ;  that  Pennsylvania  and  Delaware  had  only 
granted  it  provisionally,  and  that  Rhode  Island,  New- York. 
Maryland,  and  Georgia,  had  not  decided  in  favour  of  any 
part  of  a  system  "  so  long  since  and  so  repeatedly  presented 
for  their  adoption."  It  closed  with  the  following  impres- 
sive appeal : — "  The  committee  observe  with  great  concern 
that  the  security  of  the  navigation  and  commerce  of  the 
citizens  of  these  states  from  the  Barbary  powers  ;  the  pro- 


170  THE  KEPUBLIC.  [1786. 

tection  of  the  frontier  inhabitants  from  the  savages ;  the 
immediate  estabhshment  of  military  magazines  in  different 
parts  of  the  union,  rendered  indispensable  by  the  principles 
of  public  safety ;  the  maintenance  of  the  federal  govern- 
ment at  home,  and  the  support  of  the  public  servants 
abroad ; — each  and  all  depend  upon  the  contributions  of  the 
states  under  the  annual  requisitions  of  congress.  The 
moneys  essentially  necessary  for  these  important  objects  will 
so  far  exceed  the  sums  formerly  collected  from  the  states 
by  taxes,  that  no  hope  can  be  indulged  of  being  able  from 
that  source  to  make  any  remittances  for  the  discharge  of 
foreign  engagements. 

"  Thus  circumstanced,  after  the  most  solemn  deliberation, 
and  under  the  fullest  conviction  that  the  public  embarrass- 
ments are  such  as  above  represented,  and  that  they  are 
daily  increasing,  the  committee  are  of  opinion  that  it  has 
become  the  duty  of  congress  to  declare  most  explicitly 
that  the  crisis  has  arrived  when  the  people  of  these  United 
States,  by  whose  will  and  for  whose  benefit  the  federal 
government  was  instituted,  must  decide  whether  they  will 
support  their  rank  as  a  nation  by  maintaining  the  public 
faith  at  home  and  abroad,  or  whether,  for  want  of  timely 
exertion  in  establishing  a  general  revenue,  and  thereby 
giving  strength  to  the  confederacy,  they  will  hazard,  not 
only  the  existence  of  the  union,  but  of  those  great  and  in- 
valuable privileges  for  which  they  have  so  arduously  and 
so  honourably  contended." 

This  strong  language  was  followed  by  resolutions,  in 
which,  to  efface  the  erroneous  impressions  produced  by 
Jefferson's  scheme  of  counterbalancing  deficiencies,  and 
"  in  order  that  congress  may  remain  wholly  acquitted  from 
every  imputation  of  a  want  of  attention  to  the  interests 
and  welfare  of  those  whom  they  represent,"  they  declare — 
First,  that  the  requisitions  of  seventeen  hundred  and 
eighty-four  and  eighty-five,  cannot  be  considered  as  the 


^T.29.]  HAMILTON.  171 

establishment  of  a  system  of  general  revenue  in  opposition 
to  that  recommended  in  seventeen  hundred  and  eighty- 
three  ;  second,  they  recommend  to  the  delinquent  states 
an  accession  to  that  system  in  all  its  parts ;  and  last,  pro- 
claim, that  whilst  congress  are  denied  the  means  of  satis- 
fying those  engagements  which  they  have  constitutionally 
entered  into  for  the  common  benefit  of  the  union,  they 
hold  it  their  duty  to  warn  their  constituents  that  the  most 
fatal  evils  will  inevitably  flow  from  a  breach  of  public 
faith  pledged  by  solemn  contract,  and  a  violation  of  those 
principles  of  justice  which  are  the  only  solid  basis  of  the 
honour  and  prosperity  of  nations."* 

Although  Pennsylvania  and  Delaware  had  not  complied 
strictly  with  the  system  of  seventeen  hundred  and  eighty- 
three,  it  became  apparent  that  the  non-concurrence  of 
New- York  was  the  only  serious  obstacle  to  its  establishment. 
Under  these  circumstances,  the  public  attention  in  that 
state  was  wholly  devoted  to  this  subject. 

A  strong  memorial  to  the  legislature  from  the  pen  of 
Hamilton  was  widely  circulated.  It  stated,  "that  the 
community  had  seen  with  peculiar  regret  the  delay  which 
had  hitherto  attended  the  adoption  of  the  revenue  system  ; 
that  the  anxiety  which  they  had  all  along  felt  from  mo- 
tives of  a  more  general  nature,  is  at  the  present  juncture 
increased  by  this  particular  consideration,  that  the  state  of 
New- York  now  stands  almost  alone,  in  a  non-compliance  with 
a  measure  in  which  the  sentiments  and  wishes  of  the  union 
at  large  appear  to  unite,  and  by  a  further  delay  may  ren- 
der itself  responsible  for  consequences  too  serious  not  to 
affect  every  considerate  man ;  that  all  the  considerations 
important  to  a  state,  all  the  motives  of  public  honour,  faith, 
reputation,  interest,  and  safety,  conspire  to  urge  a  compli- 

*  R.  King  was  chairman  of  this  committee,  and  it  is  to  be  presumed  was 
the  author  of  this  important  document. 


172  THE   REPUBLIC.  [1786. 

ance  with  that  measure — that  government  without  reve- 
nue cannot  subsist — that  the  mode  provided  in  the  con- 
federation for  supplying  the  treasury  of  the  United  States 
has  in  experiment  been  found  inadequate — that  any  objec- 
tion to  it  as  a  measure  not  warranted  by  the  confederation 
is  refuted  by  the  thirteenth  article,  which  provides  that 
alterations  may  be  made,  if  agreed  to  by  congress  and 
confirmed  by  the  legislatures  of  each  state  ;  and  the  con- 
duct of  this  state  itself  in  adopting  the  proposed  change 
of  the  eighth  article  is  a  precedent  in  which  we  find  the 
principle  reduced  to  practice,  and  affords  a  complete  an- 
swer to  every  pretence  of  the  revenue  system  being  un- 
constitutional. That  as  to  danger  in  vesting  the  United 
States  with  these  funds,  your  memorialists  consider  their 
interests  and  liberties  as  not  less  safe  in  the  hands  of  their 
fellow-citizens  delegated  to  represent  them  for  one  year  in 
congress,  than  in  the  hands  of  their  fellow-citizens  dele- 
gated to  represent  them  for  one,  or  four  years,  in  the  sen- 
ate and  assembly  of  this  state" — "  That  government  implies 
trust,  and  every  government  must  be  trusted  so  far  as  it  is 
necessary  to  enable  it  to  attain  the  ends  for  which  it  is  in- 
stituted, without  which  must  result  insult  and  oppression 
from  abroad,  confusion  and  convulsion  at  home." 

The  public  men  throughout  the  state  took  an  open  stand 
on  this  question  ;  the  newspapers  were  filled  with  discus- 
sions of  its  merits,*  and  the  elections  turned  solely  on  this 
point. 

The  head  of  the  opposition  was  the  governor,  whose  in- 
fluence, after  an  administration  of  nine  years,  had  become 
almost  irresistible.  In  the  southern  district,  though  opposed 
by  the  commercial  members  of  the  community,  whose 


*  The  most  noticed  of  the  writings  against  the  grant  of  the  impost,  were 
a  series  of  numbers  signed  "  Rough  Hewer,"  of  which  the  author  was  Abra 
ham  Yates,  a  member  of  the  legislature  and  a  zealous  partisan  of  Clinton. 


-^T.  29.]  HAMILTON.  173 

hopes  had  centred  upon  Hamilton  ;  Clinton  was  supported 
by  a  combination  of  interests — by  the  most  violent  of  the 
whigs,  and  the  most  violent  of  the  tories,  who  had  become 
zealous  whigs.  In  the  interior  of  the  state  his  ascendency 
was  limited  only  by  the  opposition  of  a  few  intelligent  men 
on  the  eastern  borders  of  the  Hudson,  guided  by  Chancel- 
lor Livingston,  and  by  the  active  and  unceasing  exertions 
of  General  Schuyler  in  the  northern  and  western  districts, 
where  he  was  yet  recollected  as  their  most  energetic  pro- 
tector and  enlightened  friend. 

To  judge  merely  from  the  official  communications  of 
Clinton,  the  inference  would  be  drawn,  that  though  not  a 
zealous  champion,  he  was  a  decided  friend  to  the  federal 
system ;  but  the  measures  which  marked  the  policy  of  the 
state,  and  which  were  directed  by  him,  indicated  very  dif- 
ferent purposes. 

In  pursuance  of  the  recommendation  of  congress,  New- 
York,  on  the  nineteenth  of  March,  seventeen  hundred  and 
eighty-one,  passed  an  act  which,  after  granting  the  duties 
to  that  body,  provided,  "  that  they  should  be  levied  and 
collected  in  such  manner  and  form,  and  under  such  pains, 
penalties,  and  regulations,  and  hy  such  officers,  as  con- 
gress should  from  time  to  time  moke,  order,  direct,  and 
appoint^ 

Soon,  however,  after  the  indications  of  peace,  the  policy 
of  the  state  changed.  The  act  of  seventeen  hundred  and 
eighty-one  was  repealed,  and  on  the  fifteenth  March, 
seventeen  hundred  and  eighty-three,  a  law  was  enacted 
granting  the  duties ;  but  departing  from  the  principles 
which  had  prompted  this  measure  at  its  inception,  and 
which  prevailed  during  a  period  of  danger,  directed  them 
to  be  collected  hy  the  officers  and  under  the  authority  of  the 
state.  This  law,  combined  with  other  circumstances,  in- 
duced congress  to  recommend  the  system  that  was  adopted 
on  the  eighteenth  of  March,  seventeen  hundred  and  eighty- 


174  THE  EEPUBLIO.  [1786. 

three,  which  yielded  the  appointment  of  the  revenue  offi- 
cers to  the  states,  but  rendered  them  amenable  to,  and 
removable  by,  the  United  States*  alone. 

Early  in  the  year  seventeen  hundred  and  eighty-four,  a 
motion  was  made  in  the  legislature  of  New- York,  urging 
the  abolition  of  the  officers  of  superintendent  of  finance 
and  of  continental  receiver,  which  was  followed  by  the 
acts  establishing  a  customhouse  and  a  revenue  system. 

The  immense  and  improvident  speculations  made  on  the 
return  of  peace,  poured  into  the  coffers  of  that  state  a 
large  revenue.  This  was  subsequently  increased  by  the 
navigation  acts  of  other  states,  which  rendered  New- York 
the  entrepot  of  the  whole  region  east  of  the  Delaware,  and 
presented  to  her  tempting  prospects  of  future  wealth. 
Blinded  by  these  adventitious  circumstances  to  the  supe- 
rior advantages  to  be  derived  from  the  general  prosperity 
of  the  whole  union,  the  idea  of  state  aggrandizement 
engrossed  the  thoughts  of  Clinton,  who,  had  the  desire 
of  establishing  a  separate  government  ever  conflicted  in 
his  mind  with  a  more  comprehensive  patriotism,  would 
have  regarded  this  as  the  great  source  of  influence  and 
power. 

To  whatever  cause  it  may  be  attributed,  it  became  the 
settled  policy  of  New- York  to  defeat  the  proposition  for  a 
national  revenue.  A  measure  conforming  with  the  recom- 
mendation of  congress  was  proposed  in  the  legislature  in 
seventeen  hundred  and  eighty-four,  and  failed.     It  was 


*  In  a  letter  to  Hamilton,  Schuyler  remarks,  May  4th,  1783  :  *'  Although 
our  legislature  seems  still  inclined  to  confer  powers  on  congress  adequate  to 
the  proper  discharge  of  the  great  duties  of  the  sovereign  council  of  these 
states,  yet  I  perceive  with  pain  that  some,  chagrined  at  disappointment,  are 
already  attempting  to  inculcate  a  contrary  principle,  and  I  fear  it  will  gain 
too  deep  a  root  to  be  eradicated,  until  such  confusion  prevails  as  will  make 
men  deeply  feel  the  necessity  of  not  retaining  so  much  sovereignty  in  the 
states  individually." 


Mt,29.]  HAMILTON.  175 

again  brought  forward  in  seventeen  hundred  and  eighty- 
five,  and  again  failed  by  two  votes  in  the  senate. 

At  the  close  of  the  ^ssion  of  seventeen  hundred  and 
eighty-six,  in  which  the  exertions  of  Schuyler  to  induce 
the  grant  were  most  conspicuous,  a  law  was  enacted  giv- 
ing the  revenue  to  congress,  but  reserving  to  the  state  "  the 
sole  power  of  levying  and  collecting  "  the  duties  ;  the  con- 
ferring of  which  power  on  congress,  was  an  indispensable 
and  express  condition  of  the  acts  of  some  of  the  other 
slates.  Instead  of  making  the  collectors  amenable,  and 
removable  by  congress,  it  subjected  them  to  the  exclusive 
jurisdiction  of  the  state  courts. 

It  also  rendered  the  duties  payable  in  the  bills  of  credit 
of  the  state,  and  thus  so  entirely  contravened  the  plan  of 
seventeen  hundred  and  eighty-three,  as  to  be  equivalent  to  its 
rejection.  This  enactment  was  defended  by  the  argument 
that  congress,  being  a  single  body,  and  consequently  without 
checks,  would  be  apt  to  misapply  the  money  arising  from  it. 

All  hope  had,  in  the  mean  time,  centred  in  this  question  ; 
and  palsied  for  the  want  of  resources,  congress  is  seen  de- 
bating Indian  treaties,  consulting  measures  to  suppress  their 
hostilities,  discussing  the  inquiry  whether  a  member  could, 
without  permission  from  that  body  or  from  his  state  with- 
draw from  his  seat,  and  suspending  all  action,  waiting  the 
decision  of  New- York.* 


*  The  confederation .  required  nine  states  to  form  a  quorum  for  every  es- 
sential purpose.  Each  state  had  one  vote — no  state  could  be  represented  by 
less  than  two  members.  The  withdrawal  therefore  of  a  member  could  sus- 
pend its  functions,  and  yet  New-York,  Maryland,  and  Virginia,  affirmed  the 
absolute  right  to  withdraw,  and  New-Hampshire,  Rhode  Island,  Connecti- 
cut, and  Georgia  were  divided.  For  the  right — William  Grayson,  John 
Haring,  Harrison,  Henry,  Hindman,  Houston,  Livermore,  Miller,  Mitchell, 
James  Monroe,  Melancton  Smith ;  against  it — Bayard,  Bloodworth,  Dane, 
Few,  N.  Gorham,  Hornblower,  Dl.  Huger,  William  Samuel  Johnston,  Ru. 
fu8  King,  Lee,  Long,  Manning,  Parker,  Petit,  Charles  Pinckney,  Sedg 
wick,  Symmes,  White. 


176  THE  EEPUBLIC.  [1786. 

Perceiving  that  no  benefit  could  be  derived  from  the 
law  recently  passed  by  this  state  ;  that  if  acceded  to,  the 
acts  of  twelve  adopting  states  (for  Rhode  Island  had 
meanwhile  concurred)  would,  by  their  conditions,  which 
required  the  concurrence  of  all  the  states,  become  void ; 
that  the  provision  which  rendered  the  duties  payable  in 
bills  of  credit  was  most  pernicious,  as  it  would,  on  the  same 
principle,  admit  all  the  paper  money  of  the  other  states  at 
various  rates  of  depreciation,  thus  reducing  the  revenue, 
producing  an  inequality  in  the  public  burdens,  and  deter- 
ring the  states  averse  from  paper  money  from  engaging  in 
the  measure — congress  treated  it  as  a  nullity. 

Feeling  deeply  their  humiliating  condition  in  being  una- 
ble to  meet  the  claims  of  foreigners  who  had  advanced 
money  to  prosecute  the  war,  and  to  discharge  the  inter- 
est on  the  foreign  debt  without  new  loans  in  Europe, 
and  thereby  compounding  it,  they  passed  a  resolution 
requesting  Governor  Clinton  to  convene  the  legislature 
for  the  purpose  of  submitting  this  subject  again  to  its 
consideration.  To  this  application,  involving  such  mo- 
mentous consequences,  Clinton  replied  by  letter,  stating 
that  "he  entertained  the  highest  deference  and  respect  for 
the  authority  of  congress,  and  that  it  would  afford  him  the 
greatest  pleasure  to  have  it  in  his  power  to  comply  with 
their  recommendations,  but  that  he  had  not  the  power  to 
convene  the  legislature  before  the  time  fixed  by  law  for 
their  stated  meeting,  except  upon  '  extraordinary  occasions^ 
and  as  the  present  business  had  already  been  particularly 
laid  before  them,  and  so  recently  as  at  their  last  session 
received  their  determination,  it  cannot  come  within  that 
description." 

Soon  after  receiving  this  communication,  congress  then 
sitting  at  New- York,  adopted  a  series  of  resolutions,  de- 
claring that  the  act  of  New- York  was  not  a  compliance 
with  the  general  plan.     "  That  the  present  critical  and  em- 


^T.  29.]  HAMILTON.  177 

barrassed  state  of  the  finances  was  such  as  to  require  that 
the  system  of  impost  should  be  carried  into  immediate 
effect ;  that  they  consider  this  *  an  occasion  sufficiently  im- 
portant and  extraordinary'  for  the  convening  of  the  legisla- 
ture, and  *  earnestly'  recommend  that  it  should  be  '  immedi- 
ately* called."  Clinton  was  immovable.  This  earnest  and 
solemn  appeal  of  the  confederacy  was  disregarded,  and  the 
hope  of  establishing  a  general  revenue  was  almost  aban- 
doned. 

While  the  dignity  of  the  nation  was  thus  prostrated  be- 
fore the  executive  of  a  single  state,  difliculties,  the  conse- 
quences of  recent  example,  were  pending  with  several 
others.  New-Jersey,  wearied  with  fruitless  efforts  to  in- 
culcate the  benefits  of  a  national  system,  and  jealous  of  the 
commercial  prosperity  of  New- York,  early  in  this  year 
had  resorted  to  decisive  measures.  She  passed  a  resolution 
(reciting  as  a  reason  for  it  the  delinquency  of  other  states) 
by  which  she  refused  a  compliance  with  the  requisition  of 
congress  for  her  quota,  "  until  all  the  states  in  the  union 
had  complied  with  the  revenue  system  of  seventeen  hun- 
dred and  eighty-three,  or  until  states  having  peculiar  com- 
mercial advantages  should  forbear  a  system  of  partial  le- 
gislation." This  formidable  decision  alarmed  the  nation, 
and  demanded  the  immediate  attention  of  congress,  who 
sent  a  deputation  to  remonstrate  with  that  state.  After  an 
able  address  from  each  of  the  delegates,  showing  the  ne- 
cessity of  union  to  the  general  happiness  of  all  its  mem- 
bers, but  especially  to  the  smaller  states,  the  legislature 
rescinded  their  resolution,  but  declared  that  the  requisition 
had  no  binding  force. 

Pennsylvania  claimed  a  set-off  against  part  of  her  quota, 
and  a  committee  was  appointed  to  confer  with  her  legisla- 
ture. A  similar  claim  was,  after  much  debate,  conceded 
to  South  Carolina.  Another  committee  was  directed  to 
repair  to  Connecticut,  New-Jersey,  and  North  Carolina, 
Vol.  III.— 12 


178  THE   REPUBLIC.  [1786. 

and  an  address  was  made  to  New-Hampshire  and  Mary- 
land, urging  upon  them  a  full  and  immediate  compliance 
with  the  last  requisition.     Was  this  a  government  ? 

These  obstacles  indicated  the  necessity  of  an  adjustment 
of  accounts  with  the  several  states,  and  an  ordinance  was 
framed  for  that  purpose.  Another  ordinance  before  re- 
commended was  passed,  of  much  prospective  importance. 
It  was  for  the  establishment  of  a  mint ;  the  standard  of 
gold  and  silver,  and  the  money  of  account  in  a  decimal  ra- 
tio, having  been  previously  fixed. 

While  congress  were  thus  engaged,  the  insurrection  of 
Massachusetts  broke  upon  them.  After  much  delay,  they, 
in  secret  session,  made  a  report  strongly  indicative  of  their 
feebleness  and  their  fears.  Having  stated  that  unless  speedy 
and  effectual  measures  were  taken  to  suppress  the  designs 
of  the  insurgents,  they  will  possess  themselves  of  the  arse- 
nal at  Springfield,  subvert  the  government,  and  not  only 
reduce  that  commonwealth  to  a  state  of  anarchy  and  con- 
fusion, but  probably  involve  the  United  States  in  the  ca- 
lamity of  a  civil  war ;  it  declared  their  obligations  to 
restore  the  authority  of  the  state,  and  to  protect  the  public 
property,  and  that  for  these  purposes  a  body  of  troops 
should  be  immediately  raised,  but  that  the  causes  of  raising 
them  ought  not  to  be  publicly  assigned,  and  that  they  had, 
in  a  separate  report,  on  the  intelligence  from  the  western 
country,  recommended  the  augmentation  of  the  troops  in 
the  service  of  the  United  States.  By  this  report  a  legion- 
ary corps  was  ordered  to  be  enlisted  for  three  years,  prin- 
cipally in  New-England. 

Thus  did  an  emergency,  which  every  government  should 
have  been  empowered  to  meet,  drive  congress  to  a  usurpa- 
tion upon  a  false  pretext ;  for  where  is  to  be  found  the 
authority  in  the  articles  of  the  confederation  to  raise  a 
military  force  for  such  a  purpose,  and  what  was  there  to  pre- 
vent an  increase  of  its  number,  and  its  permanent  existence  ? 


^T.29.]  HAMILTOIT.  179 

The  only  security  against  this  usurpation  of  power  was 
the  want  of  means ;  but  this  want  involved  the  very  dan- 
ger, for,  while  acting  upon  the  necessity  of  the  measure, 
congress  declared,  "  that  in  the  present  embarrassments  of 
the  federal  finances,  they  would  not  hazard  the  perilous 
step  of  putting  arms  into  the  hands  of  men,  whose  fidelity 
must  in  some  degree  depend  on  the  faithful  payment  of 
their  wages,  had  they  not  the  fullest  confidence,  from  au- 
thentic and  respectable  information,  in  the  most  liberal 
exertions  of  the  money-holders  in  the  state  of  Massachu- 
setts and  the  other  states,  in  filling  the  loans  authorized" 
for  that  purpose. 

The  suppression  of  the  insurrection  by  her  own  militia, 
leaves  it  only  a  subject  for  speculation  what  would  have 
been  the  consequences  of  an  invasion,  by  the  confederacy, 
of  so  populous,  so  warlike,  and  then  so  jealous  a  state. 

The  friends  of  the  union  in  New- York  had  in  the  mean 
time  determined  to  make  another  and  a  final  effort.  The 
popularity  of  Hamilton,  it  was  hoped,  might  have  influence  ; 
and  while  General  Schuyler  was  brought  forward  as  a  can- 
didate for  the  senate,  Hamilton  was  put  in  nomination  for 
the  assembly.  His  election  was  earnestly  opposed — op- 
posed by  the  men  whose  cupidity  he  had  exposed  in  seven- 
teen hundred  and  eighty-four,  and  who,  identified  with  the 
state  policy  of  Clinton,  as  leaders  of  the  democratic  party, 
regarded  him  as  a  formidable  adversary  to  their  narrow 
and  selfish  politics.  But  serious  apprehensions  had  seized 
the  community  as  to  the  future.  They  saw  in  the  discords 
and  the  weakness  of  the  confederacy  the  fulfilment  of  all 
his  prophecies,  and  they  looked  to  him  as  their  last  hope 
of  changing  the  vicious  direction  which  had  been  given  to 
the  councils  of  the  state.     He  was  elected.* 


*  On  the  eve  of  this  election  a  letter  was  received  by  him  from  a  tory  mer- 
chant, asking  his  influence  to  obtain  legislative  relief.     In  his  reply  he  states 


18a  THE    REPITBLIO.  [1787. 

The  legislature  opened  its  session  in  January,  seventeen 
hundred  and  eighty-seven,  at  the  city  of  New- York.  The 
speech  from  the  governor,  after  alluding  to  the  annual  ap- 
pointment of  state  officers,  from  which  so  large  a  share  of 
his  influence  was  derived,  adverted  to  the  requisitions  for 
the  service  of  the  year,  and  stated  his  confidence  that  the 
dispositions  of  the  legislature  being  truly  federal,  would  in- 
duce a  speedy  compliance  with  a  measure  so  essential  to 
the  national  support  and  credit.  The  representatives  were 
informed  of  the  resolutions  of  congress,  expressing  their 
sense  of  the  act  grafting  the  impost,  and  requesting  an  im- 
mediate call  of  the  legislature,  whereby  the  revenue  system 
of  seventeen  hundred  and  eighty-three  would  be  brought 
to  their  view — "  a  subject  which  had  been  repeatedly  sub- 
mitted to  them,  and  must  be  well  understood." 

The  correspondence  which  had  recently  passed  on  that 
subject  was  laid  before  them,  with  a  declaration,  "  that  a 
regard  to  their  excellent  constitution,  and  an  anxiety  to 
preserve  unimpaired  the  right  of  free  deliberation  in  mat- 
ters not  stipulated  by  the  confederation,  had  restrained 
him  from  convening  them  at  an  earlier  period."     The  ad- 

*'  that  he  would  not  be  understood  to  declare  any  opinion  concerning  the  prin- 
eiples  of  the  bill ;"  and  remarks,  *'*'I  make  this  observation  from  that  spirit  of 
candour  which  I  hope  will  always  direct  my  conduct.  I  am  aware  that  I  have 
been  represented  as  an  enemy  to  the  wishes  of  what  you  call  your  corps.  If 
by  this  is  meant  that  I  do  not  feel  as  much  as  any  man  not  immediately  in- 
terested for  the  distresses  of  those  merchants  who  have  been  in  a  great  meas- 
ure the  victims  of  the  revolution,  the  supposition  does  not  do  justice  either  to 
my  head  or  my  heart.  But  if  it  means  that  I  have  always  viewed  the  mode 
of  relieving  them  as  a  matter  of  peculiar  delicacy  and  difficulty,  it  is  well 
founded. 

"  I  should  have  thought  it  unnecessary  to  enter  into  this  explanation,  were  it 
not  that  I  am  held  up  as  a  candidate  at  the  ensuing  election,  and  would  not 
wish  that  the  step  I  have  taken  in  respect  to  your  letter  should  be  considered 
as  implying  more  than  it  does,  for  I  would  never  wish  to  conciliate  at  the  ex- 
pense of  candour  ;  on  the  other  hand,  I  confide  in  your  liberality  not  to  infer 
more  than  I  intend  from  the  explanation  I  have  given  you." 


Mt.W,]  HAMILTON.  ISl 

justraent  of  the  territorial  controversies  with  Massachusetts 
and  Pennsylvania  v^as  mentioned,  and  the  speech  concluded 
oy  calling  the  attention  of  the  legislature  to  local  topics.  - 

The  address  in  reply  to  the  speech  was  referred  to  a  com- 
mittee, of  which  Hamilton  was  a  member,  and  was  reported 
by  him.  It  was  a  mere  echo  of  the  speech  on  all  subjects, 
except  as  to  the  request  of  congress  to  convene  the  legis- 
lature, which  was  passed  by  in  silence.  On  being  reported 
to  the  house,  a  motion  was  made  by  the  speaker  to  amend 
it,  by  expressing  their  approbation  of  the  governor's  con- 
duct in  not  convening  the  legislature  at  an  earlier  period 
than  that  fixed  by  law ;  he  at  the  same  time  disclaiming 
all  hostility  to  the  impost.  This  motion  produced  the  effect 
which  had  been  sought  to  be  avoided,  and  called  up  a  long 
and  vehement  debate.  While  the  friends  of  the  Union 
expressed  in  general  terms  a  dissent  from  the  views  of  the 
governor,  feeling  themselves  in  a  minority,  they  sedulously 
endeavoured  to  prevent  all  discussion  of  this  topic,  seeing 
that  it  had  been  thrown  in  as  an  apple  of  discord ;  but  the 
friends  of  the  governor,  who  were  guided  with  an  adroit 
and  subtle  policy,  seized  upon  this  occasion  to  kindle  an 
excitement,  and  to  rouse  all  the  hostile  feelings  of  the 
states  rights  party. 

The  speaker  then  proposed  to  withdraw  the  motion,  but 
it  was  insisted  that  it  could  not  be  withdrawn.  That  no 
ill  consequences  could  arise  from  a  decision ;  that  it  was 
only  a  question  whether  there  was  such  a  pressing  neces- 
sity as  to  authorize  the  governor  to  convene  the  legisla- 
ture. That  if  the  doctrine  that  the  governor  was  bound 
to  comply  with  a  requisition  of  congress  on  this  subject 
was  sustained,  it  was  impossible  to  tell  where  it  would  end. 
That  congress  might,  by  repeated  requisitions,  perhaps  once 
a  month,  tease  and  weary  the  legislature  into  a  compliance 
with  their  measures;  an  apprehension  not  exaggerated, 
for  such  had  been  the  practice  of  the  former  government. 


182  THE  REPUBLIC.  [l^&Y. 

Several  propositions  were  made  to  get  rid  of  the  motion 
for  an  amendment,  and  it  was  at  last  agreed  that  the  com- 
mittee should  rise  and  report ;  Colonel  Hamilton  stating, 
"  that  he  would  reserve  himself  on  this  subject  until  it  came 
again  before  them,  when  he  hoped  to  be  enabled  to  offer 
such  arguments  as  would  strike  with  conviction  the  candid 
part  of  the  house." 

This  question  was  brought  forward  on  the  nineteenth 
of  January,  when  an  amendment  was  proposed  by  General 
Malcolm,  as  a  substitute  for  that  of  the  speaker,  the  object 
of  which  was  to  avoid  a  direct  expression  of  opinion  as  to 
the  governor's  conduct,  and  to  place  his  justification  on  the 
ground  of  the  extraordinary  expense  an  extra  session 
would  have  produced.  This  amendment  was  resisted  with 
great  ingenuity  and  art.  An  attempt  was  made  to  show  that 
silence  would  be  in  effect  a  censure  upon  the  governor, 
while  approbation  of  his  conduct  did  not  necessarily  re- 
flect upon  that  of  congress, — that  this  motion  was  in 
reality  an  attempt  to  debar  them  from  the  right  of  de- 
claring their  sentiments ;  and  the  house  was  asked  whether, 
if  it  was  necessary,  they  were  afraid  to  justify  their  gov- 
ernor ? 

A  comparison  was  drawn  between  the  former  and 
present  government,  and  an  absurd  analogy  sought  to  be 
shown  to  the  attempt  of  the  British  government  to  levy 
ship-money,  which  was  finally  and  effectually  resisted  by 
the  English  commons.  It  was  contended  that  if  to  the 
right  of  making  .peace  and  war,  of  raising  fleets  and  armies, 
was  superadded  that  of  convening  at  pleasure  the  state 
legislatures,  and  of  exercising  such  a  preix)gative,  the  issue 
no  man  could  foretell ; — that  congress  was  an  irresponsible 
body,  and  that  the  governor  was  accountable  to  the  state ; 
— that  this  was  not  the  "  extraordinary  occasion"  contem- 
plated by  the  constitution  ;  and  as  they  were  now  ready 
to  approve  the  governor's  conduct,  they  should  have  been 


^T.  30.]  HAMILTON.  Ig3 

as  ready,  had  his  course  been  different,  to  have  cen- 
sured it. 

The  question  was  then  called  as  to  the  substitute,  when 
Hamilton,  who  had  previously  spoken  on  the  point  of  or- 
der, arose.  This  body  was,  with  few  exceptions,  composed 
of  respectable  individuals,  who  had  enjoyed  small  advan- 
tages of  education,  and  who  regarded  with  jealousy  all 
oratorical  embeUishment.  Having  previously  felt  its  pulse, 
and  only  anxious  to  carry  this  great  measure,  on  the  right 
decision  of  which  such  vast  consequences  depended,  Ham- 
ilton conformed  his  effort  to  the  character  of  the  assembly, 
and  addressed  them  in  the  following  conciliatory  and  mod- 
erate tone.  After  a  few  preliminary  observations,  he  pro- 
ceeded to  remark  :* 

"  This  now  leads  us  to  examine  the  important  question 
presented  to  us  by  the  proposed  amendment.  For  my  own 
part,  I  have  seen  with  regret  the  progress  of  this  business, 
and  it  was  my  earnest  wish  to  have  avoided  the  present 
discussion.  I  saw  with  regret  the  first  application  of  con- 
gress to  the  governor,  because  it  was  easy  to  perceive 
that  it  involved  a  delicate  dilemma.  Either  tte  governor, 
from  considerations  of  inconvenience,  might  refuse  to  call 
the  assembly,  which  would  derogate  from  the  respect  due 
to  congress ;  or  he  might  call  them,  and  by  being  brought 
together  at  an  unreasonable  period,  before  the  time  appoint- 
ed by  law  for  the  purpose,  they  would  meet  with  reluc- 
tance, and  perhaps  with  a  disposition  less  favourable  than 
might  be  wished  to  the  views  of  congress  themselves,  I 
saw  with  equal  regret  the  next  step  of  the  business.  If  a 
conference  had  been  desired  with  congress,  it  might  have 
been  had — circumstances  might  have  been  explained,  rea- 


*A11  of  these  speeches  are  reported  by  Childs,  the  reporter  of  the  debates 
in  the  New- York  convention.  They  are  very  imperfect,  and  very  often  in  the 
language  the  reporter  would  himself  have  used 


184  THE  KEPUBLIC.  [1787. 

sons  might  have  been  assigned  satisfactory  to  them  for  not 
calling  the  legislature.  The  affair  might  have  been  com- 
promised. But  instead  of  this,  the  governor  thought  pro- 
per to  answer  by  a  flat  denial,  founded  on  a  constitutional 
impediment,  and  an  idea  of  the  invasion  of  the  right  of  free 
deliberation  was  brought  into  view.  I  earnestly  wished 
the  matter  to  have  rested  here.  I  might  appeal  to  gentle- 
men in  this  house,  and  particularly  to  the  honourable  mem- 
ber who  is  so  zealous  in  support  of  the  amendment,  that 
before  the  speech  appeared,  I  discovered  a  solicitude  that 
by  passing  the  subject  over  in  silence,  it  might  not  give 
occasion  to  the  present  discussion.  It  however  came  be- 
fore us  in  a  form  very  different  from  that  which  I  should 
have  thought  advisable,  for  there  was  no  need  of  an  appeal 
to  the  legislature.  The  next  step  was  to  appoint  a  com- 
mittee to  prepare  an  answer  to  the  speech.  It  fell  to  my  lot 
to  be  a  member  of  that  committee ;  my  object  still  was  to 
avoid  the  interference  of  this  house  in  a  matter  about  which 
there  was  a  difference  of  opinion  between  the  United 
States  and  the  governor  of  this  state  on  constitutional 
ground.  TJie  best  way  to  effect  this,  was  to  frame  the 
answer  in  the  most  general  terms.  This  was  done  ;  not  a 
word  is  said  even  about  the  revenue  system,  which  occa- 
sioned the  request  of  congress  to  convene  the  legislature. 
The  answer  is  generally,  that  the  house  will  take  into  con- 
sideration the  different  acts  of  congress,  and  make  such 
provisions  as  appear  to  them  compatible  with  the  abilities 
and  constitution  of  the  state.  By  not  touching  at  all  on 
the  topic  connected  with  the  origin  of  the  controversy,  I 
thought  we  might  safely  be  silent  without  any  implication 
of  censure  on  the  governor.  It  was  neither  my  wish  to 
condemn  nor  to  approve.  I  was  only  desirous  of  avoiding 
an  interference  in  a  constitutional  question,  which  belong- 
ed entirely  to  the  province  of  the  executive  authority  of 
the  state,  and  about  which  I  knew  there  would  be  a  differ- 


^T.30.]  HAMILTON.  185 

ence  of  opinion,  even  in  this  house.  I  submit  it  to  the 
nouse,  whether  this  was  not  a  prudent  course,  and  whether 
it  is  not  to  be  lamented  that  the  proposed  amendment 
forces  the  discussion  upon  us.  Constitutional  questions 
are  always  delicate ;  they  should  never  be  touched  but 
from  necessity. 

"  But  though  I  shall  be  readily  acquitted  of  having  had 
any  agency  in  bringing  the  house  into  this  disagreeable 
situation,  since  the  question  is  brought  forward,  I  shall 
with  freedom  meet  the  discussion.  This  my  duty  demands 
from  me  ;  and  whoever  may  be  affected  by  it,  I  shall  pro- 
ceed under  an  impression  that  my  constituents  expect  from 
me  the  free  exercise  of  my  judgment,  and  the  free  decla- 
ration of  my  sentiments  on  the  matters  deliberated  upon  in 
this  house. 

"  The  question  by  the  honourable  member  on  my  right, 
has  been  wrongly  stated.  He  says  it  is  this — whether  a  re- 
quest of  congress  to  convene  the  legislature  is  conclusive 
upon  the  governor  of  the  state,  or  whether  a  bare  intima- 
tion of  that  honourable  body  lays  him  under  a  constitu- 
tional necessity  of  convening  the  legislature  ?  But  this  is 
not  the  true  question.  From  the  shape  in  which  the  busi- 
ness comes  before  us,  the  inquiry  truly  is — whether  a  sol- 
emn application  of  the  United  States  to  the  executive  of 
this  state  to  convene  the  legislature  for  the  purpose  of  de- 
liberating on  a  matter  which  is  considered  by  that  body  as 
of  essential  importance  to  the  nation,  and  which  has  been 
viewed  in  a  similar  light  by  most  of  the  other  states  indi- 
vidually, is  such  an  extraordinary  occasion  as  left  the  gov- 
ernor under  no  constitutional  impediment  to  a  compliance  ? 
and  it  may  be  added,  whether  that  application,  under  all 
the  circumstances,  was  an  attempt  to  invade  the  freedom 
of  deliberation  in  this  house  ? 

"  Here  let  me  ask,  what  does  the  constitution  say  upon 
the  subject  ?    Simply  this — that  the  governor  *  shall  have 


186  THE  EEPUBLIC.  [1787. 

power  to  convene  the  assembly  and  senate  on  extraordi- 
nary occasions.' 

"  But  what  is  an  extraordinary  occasion  1  what  circum- 
stances are  to  concur,  what  ingredients  combine,  to  con- 
stitute one  ?  What  general  rule  can  be  imagined  by  which 
to  define  the  precise  meaning  of  these  vague  terms,  and 
draw  the  line  between  an  ordinary  and  an  extraordinary 
occasion  ?  Will  the  gentleman  on  my  right  furnish  us  with 
such  a  criterion  ?  Profoundly  skilled  as  he  is  in  law,  (at 
least  in  the  local  laws  of  this  state,)  I  fancy  it  will  be  diffi- 
cult for  him  to  invent  one  that  will  suit  his  present  pur- 
pose. Let  him  consult  his  law  books :  they  will  not  relieve 
his  embarrassment.  It  is  easy  to  see  the  clause  allows  the 
greatest  latitude  to  opinion.  What  one  may  think  a  very 
extraordinary  occasion,  another  may  think  a  very  ordinary 
one,  according  to  his  bias,  his  interest,  or  his  intellect.  If 
there  is  any  rule  at  all,  it  is  this — the  governor  shall  not  call 
the  legislature  with  a  view  to  the  ordinary  details  of  the 
state  administration.  Whatever  does  not  fall  within  this 
description,  and  has  any  pretensions  to  national  importance 
in  any  view,  leaves  him  at  liberty  to  exercise  the  discre- 
tion vested  in  him  by  the  constitution.  There  is,  at  least, 
no  constitutional  bar  in  the  way. 

"  The  United  States  are  intrusted  with  the  management 
of  the  general  concerns  and  interests  of  the  community — 
they  have  the  power  of  war  and  peace,  they  have  the 
power  of  treaty. 

•'  Our  affairs  with  respect  to  foreign  nations  are  left  to 
their  direction.  We  must  entertain  very  diminutive  ideas 
of  the  government  of  the  Union,  to  conceive  that  their 
earnest  call  on  a  subject  which  they  deem  of  great  national 
magnitude,  which  affects  their  engagements  with  two  re- 
spectable foreign  powers,  France  and  the  United  Nether- 
lands, which  relates  to  the  preservation  of  their  faith  at 
home  and  abroad,  is  not  such  an  occasion  as  would  justify 


^T.  30.]  HAMILTON.  18T 

the  executive,  upon  the  terms  of  the  constitution,  in  con- 
vening the  legislature.  If  this  doctrine  is  maintained,' 
where  v^ill  it  lead  to — what  kind  of  emergency  must  exist 
before  the  constitution  will  authorize  the  governor  to  call 
the  legislature  ?  Is  the  preservation  of  our  national  faith 
a  matter  of  such  trivial  moment  ?  Is  the  fulfilment  of  the 
public  engagements  domestic  and  foreign  of  no  conse- 
quence ?  Must  we  wait  for  the  fleets  of  the  United  Neth- 
erlands or  of  France  to  enforce  the  observance  of  them, 
before  the  executive  will  be  at  liberty  to  give  the  legisla- 
ture an  opportunity  of  deliberating  on  the  means  of  their 
just  demands  ?  This  is  straining  the  indefinite  words  of 
the  constitution  to  a  most  unreasonable  extreme.  It  would 
be  a  tenable  position  to  say  that  the  call  of  the  United 
States  is  alone  sufficient  to  satisfy  the  idea  of  an  extraor- 
dinary occasion.  It  is  easy  to  conceive,  that  such  a  pos- 
ture of  European  aflfairs  might  exist,  as  would  render  it 
necessary  to  convene  the  different  legislatures  to  adopt 
measures  for  the  public  safety,  and  at  the  same  time  inex- 
pedient to  disclose  the  object  till  they  were  assembled. 
Will  we  say  that  congress  would  be  bound  to  communi- 
cate the  object  of  their  call  to  the  executive  of  every  state  ? 
or  that  the  executive  of  this  state,  in  complying  with  their 
request,  would  be  guilty  of  a  violation  of  the  constitution  ? 
But  the  present  case  is  not  that  of  a  mere  general  request ; 
it  is  specifically  to  deliberate  upon  an  object  of  acknow- 
ledged importance  in  one  view  or  another.  On  one  hand 
it  is  alleged  to  be  a  measure  essential  to  the  honour,  inter- 
est, and  perhaps  the  existence  of  the  union  ;  on  the  other, 
it  is  said  to  be  on  principles  subversive  of  the  constitution 
and  dangerous  to  the  liberty  of  the  subject.  It  is,  there- 
fore, a  matter  of  delicacy  and  moment,  and  the  earnest 
call  of  the  union  to  have  it  considered  cannot  fall  within 
the  notion  of  so  common,  so  ordinary  an  occasion,  as 
would  prohibit  the  executive  from  summoning  a  meeting 


188  THE  EEPUBLIC.  [1787. 

of  the  legislature.  The  only  argument  urged  to  denomi- 
nate it  such,  is  that  it  had  been  recently  decided  on  by  the 
legislature.  But  there  is  an  evident  fallacy  in  this  position ; 
the  call  was  addressed  to  a  new  and  different  body,  totally 
different  in  the  contemplation  of  the  constitution,  and  ma- 
terially different  in  fact  with  respect  to  the  members  who 
compose  it.  A  large  proportion  of  the  members  of  the 
present  house  were  not  members  of  the  last.  For  aught 
that  either  congress  or  the  governor  could  officially  know, 
there  might  have  been  a  total  change  in  the  individuals, 
and,  therefore,  a  total  difference  in  the  sentiments.  No 
inference,  of  course,  could  be  fairly  drawn  from  the  con- 
duct of  the  last  legislature  to  that  of  the  present.  Indeed, 
however  it  might  be  wished  to  prepossess  the  minds  of  the 
members  of  the  former  house  with  a  contrary  idea,  it  is 
plain  that  there  is  no  necessary  connection  between  what 
they  did  at  that  time,  and  what  it  may  be  proper  for  them 
to  do  now.  The  act  of  the  last  session  proves  the  con- 
viction of  the  house  then,  that  the  grant  of  the  impost  was 
an  eligible  measure.  Many  of  the  members  were  led  to 
suppose  that  it  would  answer  the  purpose,  and  might  have 
been  accepted  by  congress.  If  the  experiment  has  shown 
that  they  were  mistaken  in  their  expectations,  and  if  it 
should  appear  to  them  that  congress  could  not  for  good 
reasons  accept  it,  the  same  motives  which  induce  them  to 
the  grant  already  made,  would  determine  them  to  consent 
to  such  alterations  as  would  accommodate  it  to  the  views 
of  congress  and  the  other  states,  and  make  it  practicable 
to  carry  the  system  into  execution. 

"  It  may  be  observed,  that  as  congress  accompanied 
their  request  with  an  explanation  of  the  object,  they  by 
that  mode  of  proceeding  submitted  the  whole  matter  to 
the  discretion  of  the  governor,  to  act  according  to  the  esti- 
mate formed  in  his  own  mind  of  its  importance.  It  is  not 
denied  the  governor  had  a  discretion  upon  the  occasion^ 


^T.  80.]  HAMILTON.  189 

It  is  not  contended,  that  he  was  under  a  constitutional  ne- 
cessity to  convene  the  legislature.  The  resolution  of  con- 
gress itself  does  not  imply  or  intimate  this.  They  do  not 
pretend  to  require,  they  only  earnestly  recommend.  The 
governor  might  at  his  peril  refuse  ;  responsible,  however, 
for  any  ill  consequences  that  might  have  atfended  his  re- 
fusal. But  what  is  contended  for  is,  that  the  call  of  the 
United  States,  under  all  circumstances,  was  sufficient  to 
satisfy  the  terms  of  the  constitution  empowering  him  to 
convene  the  legislature  on  extraordinary  occasions,  and 
left  him  at  full  liberty  to  comply. 

"  The  admission  of  his  discretion  does  not  admit  that  it 
was  properly  exercised,  nor  does  it  admit  that  the  footing 
upon  which  he  placed  his  refusal  was  proper.  It  does  not 
admit  that  the  constitution  interposed  an  obstacle  in  his 
way,  or  that  the  request  of  congress  implied  any  thing  hos- 
tile to  the  right  of  free  deliberation. 

"  This  is  the  aspect  under  which  the  business  presents 
itself  to  our  consideration,  as  well  from  the  correspond- 
ence between  congress  and  the  governor,  as  from  the 
manner  in  which  it  is  ushered  to  us  in  the  speech.  A 
general  approbation  of  his  conduct,  is  an  approbation  of 
the  principle  by  which  it  is  professed  to  have  been  actuated. 

"  Are  we  ready  to  say  that  the  constitution  would  have 
been  violated  by  a  compliance  ?  Are  we  ready  to  say  that 
the  call  upon  us  to  deliberate  is  an  attempt  to  infringe  the 
freedom  of  deliberation  ?  If  we  are  not  ready  to  say  both, 
we  must  reject  the  amendment.  In  particular,  I  think  it 
must  strike  us  all  that  there  is  something  singularly  forced 
in  intimating,  that  an  application  of  congress  to  the  gov- 
ernor of  the  state  to  convene  a  new  legislature  to  consider 
a  very  important  national  subject,  has  any  thing  in  it  dan- 
gerous to  the  freedom  of  our  deliberations.  I  flatter  my- 
self we  should  all  have  felt  ourselves  as  much  at  liberty  to 
have  pursued  our  sentiments,  if  we  had  met  upon  an  ex- 


190  THE  EEPUBLIC.  [1787. 

traordinary  call,  as  we  now  do  when  met  according  to  our 
own  appointment. 

"There  yet  remains  an  important  light  in  which  the 
subject  merits  consideration;  I  mean  as  it  respects  the 
executive  authority  of  the  state  itself.  By  deciding  that 
the  application  of  congress,  upon  which  the  debate  turns, 
was  not  such  an  extraordinary  occasion  as  left  the  gov- 
ernor at  liberty  to  call  the  legislature,  we  may  form  a  pre- 
cedent of  a  very  dangerous  tendency ;  we  may  put  a  sense 
on  the  constitution  very  different  from  the  true  meaning 
of  it,  and  may  fetter  the  present  or  a  future  executive 
with  very  inconvenient  restraints.  A  few  more  such  pre- 
cedents may  tie  up  the  hands  of  a  governor  in  such  a  man- 
ner as  would  either  oblige  him  to  act  at  an  extreme  peril, 
or  to  omit  acting  when  public  exigencies  required  it.  The 
mere  sense  of  one  governor  would  be  no  precedent  for  his 
successor ;  but  that  sense  approved  by  both  houses  of  the 
legislature,  would  become  a  rule  of  conduct.  Suppose  a 
few  more  precedents  of  the  kind  on  different  combinations 
of  circumstances  equally  strong,  and  let  us  ask  ourselves 
what  would  be  the  situation  of  a  governor  whenever  he 
came  to  deliberate  on  the  propriety  of  exercising  the  dis- 
cretion in  this  respect  vested  in  him  by  the  constitution  ? 
Would  he  not  be  apt  to  act  with  a  degree  of  caution,  or 
rather  timidity,  which  in  certain  emergencies  might  be 
productive  of  very  pernicious  consequences  ?  A  mere  in- 
timation of  the  constitution  to  him  not  to  call  the  legisla- 
ture in  their  recess  upon  every  trifling  affair,  which  is  its 
true  import,  would  be  turned  into  an  injunction  not  to  do 
so  but  upon  occasions  of  the  last  necessity. 

"  We  see,  therefore,  that  the  question  upon  which  we 
are  pressed  to  decide,  is  not  less  delicate,  as  it  respects  the 
constitution  of  the  state  itself,  than  as  it  respects  the  union  ; 
and  that  in  every  possible  view  it  is  most  prudent  to  avoid 
the  determination.     Let  the  conduct  of  the  governor  stand 


^T.  30.]  HAMILTON.  191 

on  its  own  merits.  If  he  was  right,  our  approbation  will 
not  make  him  more  right.  If  he  was  wrong,  it  would  be 
improper  to  give  sanction  to  his  error. 

"  Several  things  have  been  said  in  the  debate  which 
have  no  connection  with  it ;  but  to  prevent  their  making 
improper  impressions,  it  may  not  be  amiss  to  take  some  no- 
tice of  them.  The  danger  of  a  power  in  congress  to  com- 
pel the  convening  of  the  legislature  at  their  pleasure  has 
been  strongly  insisted  upon.  It  has  been  urged,  if  they 
possessed  it  they  might  make  it  an  engine  to  fatigue  the 
legislature  into  a  compliance  with  their  measures.  In- 
stances of  an  abuse  of  the  like  power  in  the  crown,  under 
the  former  government,  have  been  cited. 

"  It  is  a  sufficient  answer  to  all  this  to  say,  that  no  such 
power  is  contended  for.  I  do  not  assert  that  their  request 
obliged  the  governor  to  convene  the  legislature ;  I  only 
maintain  that  their  request  on  an  important  national  sub- 
ject, was  such  an  occasion  as  left  him  at  liberty  to  do  it 
without  any  colour  for  imputing  to  him  a  breach  of  the 
constitution ;  and  that  from  motives  of  respect  to  the  union, 
and  to  avoid  any  further  degradation  of  its  authority, 
already  at  too  low  an  ebb,  he  ought  to  have  complied. 

"  Admitting  in  the  fullest  extent  that  it  would  be  danger- 
ous to  allow  to  congress  the  power  of  requiring  the  legis- 
lature to  be  convened  at  pleasure,  yet  no  injury  or  incon- 
venience can  result  from  supposing  the  call  of  the  United 
States,  on  a  matter  by  them  deemed  of  importance,  to  be 
an  occasion  sufficiently  extraordinary  to  authorize,  not  to 
oblige  the  governor  to  comply  with  it. 

"  I  cannot  forbear  remarking,  that  it  is  a  common  artifice 
to  insinuate  a  resemblance  between  the  king  under  the 
former  govei:nment  and  congress  ;  though  no  two  things 
can  be  more  unlike  each  other.  Nothing  can  be  more  dis- 
similar than  a  monarch,  permanent,  hereditary,  the  source 
of  honour  and  emolument,  and  a  republican  body  com- 


192  THE  EEPUBLI0.  [178T, 

posed  of  a  number  of  individuals  appointed  annually,  liable 
to  be  recalled  within  the  year,  and  subject  to  a  continual 
rotation;  which,  with  few  exceptions,  is  the  fountain 
neither  of  honour  nor  emolument.  If  we  will  exercise 
our  judgments,  we  shall  readily  see  no  such  resemblance 
exists,  and  that  all  inferences  deduced  from  the  comparison 
must  be  false. 

"  Upon  every  occasion,  however  foreign  such  observa- 
-  J  tions  may  be,  we  hear  a  loud  cry  raised  about  the  danger 

of  intrusting  power  to  congress ;  we  are  told  it  is  danger- 
ous to  trust  power  any  where ;  that  power  is  liable  to 
abuse,  with  a  variety  of  trite  maxims  of  the  same  kind. 
General  propositions  of  this  nature  are  easily  framed,  the 
truth  of  which  cannot  be  denied,  but  they  rarely  convey 
any  precise  idea.  To  these  we  might  oppose  other  propo- 
sitions equally  true,  and  equally  indefinite.  It  might  be 
said  that  too  little  power  is  as  dangerous  as  too  much  ;  that 
it  leads  to  anarchy,  and  from  anarchy  to  despotism.  But 
the  question  still  recurs,  what  is  too  much  or  too  little  ? 
Where  is  the  measure  or  standard  to  ascertain  the  happy 
mean? 

"  Powers  must  be  granted,  or  civil  society  cannot  exist : 
the  possibility  of  abuse  is  no  argument  against  the  thing ; 
this  possibility  is  incident  to  every  species  of  power,  how- 
ever placed  or  modified.  The  United  States,  for  instance, 
have  the  power  of  war  and  peace.  It  cannot  be  disputed 
that  conjunctures  might  occur,  in  which  that  power  might 
be  turned  against  the  rights  of  the  citizens  ;  but  where  can 
we  better  place  it — in  short,  where  else  can  we  place  it  at 
all? 

"  In  our  state  constitution  we  might  discover  power  ha- 
ble  to  be  abused  to  very  dangerous  purposes.  I  shall  in- 
stance only  the  council  of  appointment.  In  that  council 
the  governor  claims  and  exercises  the  power  of  nominating 
to  all  offices.     This  power  of  nomination,  in  its  operation, 


wEt.30.]  HAMILTON,  193 

amounts  to  a  power  of  appointment ;  for  it  can  always  be 
so  managed  as  to  bring  in  persons  agreeable  to  him,  and 
exclude  all  others.  Suppose  a  governor  disposed  to  make 
this  an  instrument  of  personal  influence  and  aggrandize- 
ment— suppose  him  inclined  to  exclude  from  office  all  inde- 
pendent men,  and  to  fill  the  different  departments  of  the 
state  with  persons  devoted  to  himself — ^what  is  to  hinder 
him  from  doing  it  ?  who  can  say  how  far  the  influence 
arising  from  such  a  prerogative  might  be  carried  ?  Per- 
haps this  power,  if  closely  inspected,  is  a  more  proper  sub- 
ject of  republican  jealousy  than  any  power  possessed  or 
asked  by  congress,  fluctuating  and  variable  as  that  body  is, 

"  But  as  my  intention  is  not  to  instil  any  unnecessary 
jealousies,  I  shall  prosecute  these  observations  no  further. 
They  are  only  urged  to  show  the  imperfections  of  human 
institutions,  and  to  confirm  the  principle,  that  the  possibiHty 
of  a  power  being  abused,  is  no  argument  against  its  exist- 
ence. 

"  Upon  the  whole,  let  us  venture  with  caution  upon  con- 
stitutional ground.  Let  us  not  court  nor  invite  discussions 
of  this  kind.  Let  us  not  endeavour  still  more  to  weaken 
and  degrade  the  federal  government,  by  heaping  fresh 
marks  of  contempt  on  its  authority.  Perhaps  the  time  is 
not  far  remote,  when  we  may  be  inclined  to  disapprove 
what  we  now  seem  eager  to  commend,  and  may  wish  we 
had  cherished  the  union  with  as  much  zeal  as  we  now  dis- 
cover apprehension  of  its  encroachments. 

"  I  hope  the  house  will  not  agree  to  the  amendment.  In 
saying  this,  I  am  influenced  by  no  other  motive  than  a 
sense  of  duty.  I  trust  my  conduct  will  be  considered  in 
this  light.  I  cannot  give  my  consent  to  put  any  thing  upon 
our  minutes  which,  it  appears  to  me,  we  may  one  day  have 
occasion  to  wish  obliterated  from  them." 

The  opposition  was  again  called  up,  and  travelled  over 
the  same  ground ;  inveighed  against  the  dangers  of  an  in- 
VoL.  III.— 13 


194  THE  EEPUBLIC.  [1T87. 

croachment  on  the  rights  of  the  people  ;  justified  fully  the 
conduct  of  the  governor ;  declared  that  the  decision  of  the 
constitutional  question  was  not  necessarily  involved,  and 
closed  with  a  strong  appeal  to  popular  feeling  on  the  dan- 
gers to  be  apprehended  from  countenancing  such  an  inva- 
sion of  the  freedom  of  their  deliberations. 

Hamilton  replied ;  indicated  more  clearly  the  fallacy  of 
the  arguments  which  had  been  used  ;  pointed  out  the  true 
construction  of  the  language  of  the  constitution ;  warned 
the  house  of  the  folly  and  danger  of  this  distrust  of  the 
powers  of  congress,  and  ridiculed  the  attempt  to  draw  an 
analogy  between  its  powers  and  those  of  a  monarchy. 
"  Are  we  not,"  he  asked,  "  to  respect  federal  decisions  ? 
are  \^e  on  the  contrary  to  take  every  opportunity  of  hold- 
ing up  their  resolutions  and  requests  in  a  contemptible  and 
insignificant  light,  and  tell  the  world  their  calls,  their  re- 
quests are  nothing  to  us ;  that  we  are  bound  by  none  of 
their  measures  ?  Do  not  let  us  add  to  their  embarrassments, 
for  it  is  but  a  slender  tie  that  at  present  holds  us.  You 
see,  alas  !  what  contempt  we  are  falling  into  since  the  peace  ; 
you  see  to  what  our  commerce  is  exposed  on  every  side ; 
you  see  us  the  laughing-stock,  the  sport  of  foreign  nations. 
And  what  may  this  lead  to  ?  I  dread,  sir,  to  think.  Little 
will  it  avail  then  to  say,  we  could  not  attend  to  your  wise 
and  earnest  requests  without  inconvenience :  little  will  it 
avail  to  say,  it  would  have  injured  individual  interests  to 
have  left  our  farms.  These  things  are  trifling  when  com- 
pared to  bringing  the  councils  and  powers  of  the  union  into 
universal  contempt,  by  saying  their  call  was  unimportant, 
and  that  it  did  not  come  under  the  indefinite  meaning  of 
*  extraordinary.  See,  gentlemen,  before  you  may/eeZ,  what 
may  be  your  situation  hereafter.  There  is  more  involved 
in  this  measure  than  presents  itself  to  your  view. 

"  You  hear  it  rung  in  your  ears  that,  from  the  resem- 
Dlance  between  the  king  and  the  congress  of  these  states 


iET.  30.]    .  HAMILTON.  195 

it  would  be  dangerous  to  come  into  measures  proposed  by 
them,  and  adopted  by  every  state  but  this.  But  I  say  there 
is  no  danger ;  it  is  impossible ;  the  constitution,  the  con- 
federation, prevents  it.  Let  us  hear  the  reasoning  used  ; — 
they  have  the  power  of  declaring  war  and  peace,  and  re- 
quest the  power  of  raising  and  applying  money.  This,  if 
in  a  king,  permanent,  hereditary,  and  independent  of  the 
people,  would  be  danger ;  but  in  an  annual  body  chosen 
from  ourselves,  and  liable  on  every  turn  of  popular  breath 
to  be  changed,  who  are  checked  by  twelve  other  states, 
who  would  not  stand  by  and  see  the  ruin  of  their  associ- 
ates, as  it  would  involve  their  own, — where  can  be  the 
danger  ?  How  can  a  similitude  exist  between  bodies  so 
different — as  different  as  east  from  west,  as  north  from 
south  ?  I  regret  that  these  things  should  be  compared,  for 
there  is  no  necessity  for  sounding  this  alarm.  It  is  enough 
the  danger  of  republican  governments  that  their  very  na- 
ture tends  to  their  destruction,  because  of  their  liability  to 
change." 

The  question  was  then  taken,  and  such  was  the  force  of 
the  governor's  party,  that  the  conciliatory  substitute  was 
rejected  by  a  vote  of  thirty-six  to  nine. 

A  few  days  after  the  address  was  adopted,  this  irritating 
topic  being  disposed  of,  the  friends  of  the  impost,  however 
inauspicious  the  prospect,  indulged  the  hope  that  the  exi- 
gencies of  the  country  might  induce  a  compliance  with  a 
measure  which  had  been  at  this  time  sanctioned  by  all  of 
the  other  states,  and  that  notwithstanding  the  views  of  the 
opposition,  when  the  final  vote  was  taken,  they  would  shrink 
from  the  responsibility  of  placing  the  state  in  an  attitude 
so  hostile  to  the  confederation  and  leading  to  consequences 
so  portentous. 

A  motion  was  made  for  a  reference  of  this  subject  to  a 
committee,  according  to  the  usual  practice  of  the  house, 
but  the  speaker  having  avowed  himself  a  friend  of  the 


196  THE  KEPUBLIO.  [1787. 

measure,  and  it  being  apprehended  that  the  report  of  a 
committee  favourable  to  the  impost  might  have  weight  with 
the  house,  an  attempt  was  made  to  defeat  this  motion  and 
to  refer  the  subject  to  a  committee  of  the  whole  house. 
This  design  was  defeated,  and  a  committee  was  appointed 
to  investigate  the  subject.  While  under  its  consideration, 
Hamilton  moved  a  reference  of  the  laws  apparently  con- 
travening the  treaty :  one,  relative  to  debts  due  to  persons 
within  the  enemy's  lines ;  the  other,  the  much  agitated 
"  Trespass  act :"  taking  as  the  basis  of  this  motion  the  letter 
of  the  secretary  of  foreign  affairs,  and  the  communications 
of  the  British  government  in  relation  to  its  violation.  Of 
this  committee  he  was  appointed  chairman,  and  he  intro- 
duced a  bill  after  a  speech  indicating  the  importance  of  this 
measure  to  the  state,  and  her  obligation  to  remove  all  im- 
pediments to  the  foreign  negotiations. 

The  following  is  a  brief  outline  of  his  remarks  upon  this 
subject :  He  first  expressed  great  uneasiness  that  any  op- 
position should  be  made  to  this  bill,  particularly  as  this 
state  was  individually  interested  therein.  He  felt  greater 
regret  from  a  conviction  in  his  own  mind  on  this  occasion, 
that  the  bill  should  be  objected  to,  as  there  was  not  a  single 
law  in  existence  in  this  state  in  direct  contravention  of  the 
treaty  of  peace.  He  urged  the  committee  to  pass  the  bill, 
from  the  consideration  that  the  state  of  New- York  was 
the  only  state  to  gain  any  thing  by  a  strict  adherence  to 
the  treaty. 

There  was  no  other  state  in  the  union  that  had  so  much 
to  expect  from  it.  The  restoration  of  the  western  posts  was 
an  object  of  more  than  one  hundred  thousand  pounds  per 
annum.  Great  Britain  held  those  posts  on  the  plea  that 
the  United  States  had  not  fulfilled  the  treaty,  and  which 
we  have  strong  assurances  she  will  relinquish  on  the  fulfil- 
ment of  our  engagements  with  her.  But  how  far  Great 
Britain  might  be  sincere  in  her  declaration  was  unknown. 


^T.  80]  HAMILTON.  197 

Indeed  he  douoted  it  himself.  But  while  he  doubted  the 
sincerity  of  Great  Britain,  he  could  not  but  be  of  opinion 
that  it  was  the  duty  of  this  state  to  enact  a  law  for  the  re- 
peal of  all  laws  which  may  be  against  the  treaty,  as  by  do- 
ing away  all  exceptions  she  would  be  reduced  to  a  crisis ; 
she  would  be  obliged  to  show  to  the  world  whether  she  was 
in  earnest  or  not,  and  whether  she  will  sacrifice  her  honour 
and  reputation  to  her  interest.  With  respect  to  the  bill,  as 
it  was  drafted  in  conformity  with  the  recommendation  of 
congress,  he  viewed  it  as  a  wise  and  salutary  measure ; 
one  calculated  to  meet  the  approbation  of  the  different 
states,  and  most  likely  to  answer  the  end  proposed.  Were 
it  possible  to  examine  an  intricate  maze  of  laws,  and  to 
determine  which  of  them  or  what  parts  of  those  laws  were 
•  opposed  to  the  treaty,  it  still  might  not  have  the  intended 
effect,  as  different  parties  would  have  the  judging  of  the 
matter.  What  one  would  say  was  a  law  not  inconsistent 
with  the  treaty  of  peace,  another  might  say  was  so,  and 
there  would  be  no  end,  no  decision  of  the  business.  Even 
some  of  the  states  might  view  laws  in  a  different  manner. 
The  only  way  to  comply  with  the  treaty,  was  to  make  a 
general  and  unexceptionable  repeal.  Congress,  with  an 
eye  to  this,  had  proposed  a  general  law,  from  which  the 
one  before  them  was  a  copy.  He  thought,  as  it  was  ob- 
vious to  every  member  of  the  committee,  that  as  there 
was  no  law  in  direct  opposition  to  the  treaty,  no  difficulty 
could  arise  from  passing  the  bill. 

Some  gentlemen,  he  observed,  were  apprehensive  that 
the  bill  would  restore  confiscated  estates.  This  he  did 
not  admit.  However,  if  they  were  so  disposed,  they 
might  add  a  proviso  to  prevent  it.  He  had  written  one, 
which  any  of  the  gentlemen  might  move,  if  they  thought 
necessary.  In  his  opinion  it  was  not  necessaiy.  The  bill 
only  provided  that  no  future  confiscations  should  take 
place,  and   that   congress   should  earnestly  recommend  a 


198  THE  EEPUBLIC.  [1787. 

restoration  of  property.  But  there  was  nothing  obliga- 
tory in  this. 

If  this  state  should  not  come  into  the  measure,  would 
it  not  be  a  very  good  plea  for  the  other  states  to  favour 
their  own  citizens,  and  say,  why  should  we  do  thus,  when 
New- York,  the  most  interested  of  any  of  the  states,  refuses 
to  adopt  it  ?  And  shall  we  suffer  this  imputation,  when 
we  have  in  fact  no  laws  that  militate  against  the  treaty  ? 

He  stated  the  great  disadvantages  that  our  merchants 
experienced  from  the  western  posts  being  in  the  hands  of 
the  British,  and  asked  if  it  was  good  policy  to  let  them  re- 
main so. 

It  had  been  said  that  the  judges  would  have  too  much 
power.  That  was  a  misapprehension.  He  stated  the 
powers  of  the  judges  with  great  clearness  and  precision. 
He  insisted  that  their  powers  would  be  the  same  whether 
these  laws  passed  or  not ;  for  as  all  treaties  were  known 
by  the  constitution  as  the  laws  of  the  land,  so  must  the 
judges  act  on  them,  any  law  to  the  contrary  notwithstand- 
ing. 

Cicero,  the  great  Roman  orator  and  lawyer,  lays  it  down 
as  a  rule,  that  when  two  laws  clash,  that  which  relates  to 
the  most  important  matters  ought  to  be  preferred.  If  this 
rule  prevail,  who  can  doubt  what  would  be  the  conduct 
of  the  judges,  should  any  laws  exist  inconsistent  with  the 
treaty  of  peace  ?  But  it  would  be  impolitic  to  leave  them 
to  the  dilemma  either  of  infringing  the  treaty  to  enforce 
the  particular  laws  of  the  state,  or  to  explain  away  the 
laws  of  the  state  to  give  effect  to  the  treaty. 

He  declared  that  the  full  operation  of  the  bill  would  be 
no  more  than  merely  to  declare  the  treaty  the  law  of  the 
land  ;  and  that  the  judges  viewing  it  as  such,  shall  do  away 
all  laws  that  may  appear  in  direct  contravention  of  il. 
Treaties  were  known  constitutionally  to  be  the  law  of  the 
land,  and  why  be  afraid  to  leave  the  interpretation  of  those 


^T.  30.]  HAMILTON.  199 

laws  to  the  judges.  The  constitution  knows  them  as  the 
interpreters  of  the  law.  He  asked  if  there  was  any  mem- 
ber of  the  committee  who  would  be  willing  to  see  the  first 
treaty  of  peace  ever  made  by  this  country  violated? 
This  he  did  not  believe.  He  could  not  think  that  any 
member  on  that  floor  harboured  such  sentiments.  He  was 
in  hopes  that  the  committee  would  agree  with  him  in  opin 
ion,  and  give  a  proof  of  their  attachment  to  our  national 
engagements  by  passing  the  bill,  which  would  do  away 
every  exception  of  the  British  court."  This  exposition 
overcame  every  objection,  and  this  important  act  passed 
the  house,  but  fell  in  the  senate. 


CHAPTER    XLIV. 

At  the  commencement  of  the  session  he  was  appointed 
chairman  of  the  committee  on  expiring  laws,  to  report  which 
should  be  continued,  and  also  such  new  laws  as  they  should 
conceive  would  be  beneficial  to  the  state.  In  the  perform- 
ance of  this  duty  his  mind  was  directed  to  a  great  variety 
of  topics.  The  first  matter  of  local  interest  which  called 
forth  his  exertions,  was  an  "  act  to  regulate  the  elections"  of 
the  state.  This  act  not  only  involved  several  important 
principles,  but  had  a  special  bearing  on  its  political  charac- 
ter. Its  details  have  not  enough  of  general  interest  to 
warrant  their  introduction  in  this  place.  It  is  sufficient  to 
remark  the  singular  inconsistency  evinced  on  this  occasion 
in  the  conduct  of  the  opponents  to  the  power  of  the  gene- 
ral government,  who  claimed  the  exclusive  merit  of  pro- 
tecting the  liberties  of  the  state. 

On  questions  which  arose  involving  the  highest  consti- 
tutional principles,  while  Hamilton  and  his  friends  were 
foremost  in  resisting  all  attempts  to  explain  away  the  state 
constitution,  and  to  abridge  the  freedom  of  elections,  and 
were  endeavouring  to  maintain  a  complete  and  full  tolera- 
tion of  religious  opinions,  the  state  party  was  found  advo- 
cating measures  tending  to  the  most  dangerous  consequen- 
ces.    They  opposed  a  mere  request  of  congress  for  conve- 


^T.  30.]  HAMILTON.  201 

ning  the  legislature  of  the  state,  as  threatening  danger  to  the 
freedom  of  deliberation,  and  they  proposed  a  test  not  sanc- 
tioned by  its  constitution.  They  refused  a  grant  of  power 
necessary  to  the  existence  of  the  union,  as  dangerous  to 
the  liberties  of  the  people ;  and  they  sought  to  violate  the 
constitution  of  their  state,  by  restraining  the  free  exercise 
of  the  right  of  suffrage — the  first  principle  of  all  free  insti- 
tutions— the  sovereignty  of  the  people. 

One  proposition  was  to  enable  the  inspectors  of  the  elec- 
tions to  take  aside  every  illiterate  person,  and  examine  him 
privately,  respecting  his  ballot.  Against  this,  Hamilton 
took  a  decided  stand,  showing  the  danger  of  an  improper 
influence  being  exercised,  and  the  probability  that  the 
leaning  of  the  inspectors  would  produce  an  improper  bias  ; 
contending  that  "  it  was  better  that  the  illiterate  should 
take  the  chance  of  imposition  from  parties  equally  active, 
than  to  leave  them  subject  to  party  views,  concentred  in 
inspectors,  upon  whom  the  fate  of  the  election  depended. 
That  it  was  wholly  contrary  to  the  very  genius  and  inten- 
tion of  balloting,  which  means,  that  a  man's  vote  should  be 
secret,  and  known  only  to  himself;  but  by  this  proviso  he 
was  not  merely  permitted,  he  w^as  obliged  to  discover  his 
vote,  thus  depriving  the  unlettered  person  of  that  liberty 
which  his  more  instructed  fellow-citizen  had  secured  to 
him.  These  reasons,  he  hoped,  would  be  deemed  sufficient 
to  induce  the  house  to  reject  the  clause,  as  repugnant  to 
the  genius  and  liberty  of  our  republic."     He  prevailed. 

Another  clause  authorized  the  inspectors  to  impose  an 
oath  of  abjuration  of  ecclesiastical  as  well  as  civil  obedi- 
ence, which  was  defended  by  the  leader  of  the  democratic 
party,  on  the  ground  that  this  distinction  was  warranted 
by  the  constitution.  Hamilton  declared  "  that  the  consti- 
tution was  their  creed  and  standard,  and  ought  never  to 
be  departed  from,  but  that  its  provisions  had  not  been  cor- 
rectly understood ;  that  there  were  two  different  bodies 


202  THE  KEPUBLIO.  [1787. 

in  the  state  to  which  the  proposition  had  reference.  These 
were  the  Roman  CathoHcs  who  were  already  citizens,  who 
were  born  among  us,  and  those  coming  from  abroad.  That 
from  foreigners  wishing  to  be  naturalized,  the  abjuration 
of  their  former  sovereign  might  be  required  for  reasons 
which  do  not  exist  on  the  part  of  the  person  born  and  ed- 
ucated here,  unencumbered  with  that  dangerous  fanaticism 
which  terrified  the  world  some  centuries  back,  but  which 
is  now  dissipated  by  the  light  of  philosophy.  These  acts 
are  therefore  no  longer  necessary,  for  the  dangers  are  now 
only  imaginary,  and  are  void  of  existence,  at  least  with 
respect  to  us,  the  object  being  to  exclude  Roman  Catho- 
lics from  their  right  of  representation. 

He  animadverted  on  the  little  influence  possessed  by  the 
pope  in  Europe — spoke  of  the  reformation  going  forward 
in  the  German  empire,  and  of  the  total  independence  of 
the  French  church,  and  compared  the  requiring  of  oaths 
of  this  nature,  to  the  vigilance  of  those  who  would  bring 
engines  to  extinguish  fires  which  had  long  subsided.  He 
observed,  also,  that  the  Roman  Catholics  were  not  the  only 
society  affected — that  some  of  the  Dutch  Reformed  church- 
es held  a  species  of  ecclesiastical  foreign  jurisdiction ;  he 
alluded  to  the  classes  of  Amsterdam.  "  But,"  he  asked, 
"  is  the  natural  subject,  the  man  born  among  us,  educated 
with  us,  possessing  our  habits,  possessing  our  manners, 
with  an  equal  ardent  love  of  his  native  country,  to  be  re- 
quired to  take  the  same  oath  of  abjuration  ?  What  has  he 
to  abjure  ?  He  owes  no  fealty  to  any  other  power  upon 
earth.  There  is  no  probabihty  that  his  mind  will  be  led 
astray  by  bigotry  or  foreign  influence.  Then  why  give 
him  cause  of  dissatisfaction,  by  bringing  forward  a  test 
which  will  not  add  to  his  fidelity  ?" 

He  stated  that  the  clause  in  the  constitution  confined  the 
test  to  foreigners,  and  that  it  was  adopted  after  much  de- 
bate, and  by  a  small  majority,  and  that  even  as  to  them,  he 


^T.  30.]  HAMILTON.  203 

questioned  whether  the  test  ought  to  be  proposed.  That 
he  was  decidedly  against  going  so  far  as  to  extend  it  to  ec- 
clesiastical matters.  "  Why  should  we  wound  the  tender 
conscience  of  any  man  ?  and  why  present  oaths  to  those 
who  are  known  to  be  good  citizens  ?  why  alarm  them  ? 
why  set  them  upon  inquiry  that  is  useless  and  unnecessary  ? 
You  give  them  reason  to  suppose  that  you  request  too 
much  of  them,  and  they  cannot  but  refuse  compliance. 

"  The  constitution  does  not  require  such  a  criterion  to  try 
the  fidelity  of  any  citizen.  It  is  solely  intended  for  aliens 
and  foreigners,  coming  £i*om  abroad  w^ith  manners  and 
habits  different  from  our  own,  and  whose  intentions  are 
concealed.  The  oath  should  be  confined  to  civil  matters. 
It  is  all  that  we  ought  or  can  require.  A  man  will  not 
then  be  alarmed  in  his  interpretation.  It  will  not  set  his 
mind  to  inquire  if  his  religious  tenets  are  affected,  and  much 
inconvenience  would  be  avoided.  We  should  be  cautious 
how  we  carry  the  principle  of  requiring  and  multiplying 
tests  upon  our  fellow-citizens,  so  far  as  to  practise  it  to 
the  exclusion  or  disfranchisement  of  any."  The  clause 
was,  nevertheless,  in  part  retained. 

A  further  provision  w^as  proposed,  excluding  pensioners 
and  officers  holding  under  congress,  from  seats  in  the 
senate  and  assembly.  This  clause  gave  rise  to  the  discussion 
of  a  most  important  question,  whether  the  legislature  pos- 
sessed the  power  of  abridging  the  constitutional  rights  of 
the  people. 

By  the  state  party  it  was  contended,  that  while  the  con- 
stitution protected  the  rights  of  the  electors,  it  was  silent  as 
to  the  elected,  and  that  therefore  the  legislature  had  the 
right  to  annex  qualifications  to  the  elected. 

Colonel  Hamilton  observed,  "  that  they  were  going  on 
dangerous  ground ;  that  the  best  rule  to  follow  was  the 
rule  of  the  constitution,  which  it  would  be  safest  to  adhere 
to  without  alteration  or  addition.     If  we  once  depart  from 


204:  THE  EEPUBLIO.  [1787. 

this  rule,  it  is  impossible  to  see  where  we  would  end. 
To-day,  a  majority  of  the  persons  sitting  here,  from  a  par- 
ticular mode  of  thinking,  disqualify  one  description  of  men ; 
a  future  legislature,  from  a  particular  mode  of  thinking  on 
another  point,  disqualify  another  set  of  men.  One  prece- 
dent is  the  pretext  of  another,  till  we  narrow  the  ground 
of  qualifications  to  a  degree  subversive  of  the  constitution. 
It  is  impossible  to  suppose  that  the  convention  who  framed 
the  constitution  were  inattentive  to  this  point.  It  is  a  mat- 
ter of  too  much  importance  not  to  have  been  well  considered. 

"  They  have  fixed  the  qualification  of  electors  with  pre- 
cision. They  have  defined  those  of  senator  and  governor, 
but  they  have  been  silent  as  to  the  qualifications  of  memr 
bers  of  assembly.  It  may  be  said  that,  being  silent,  they 
have  left  the  matter  to  the  discretion  of  the  legislature. 
But  is  not  the  language  of  the  framers  of  the  constitution 
rather  this — We  will  fix  the  qualifications  of  electors ; 
we  will  take  care  that  persons  absolutely  indigent  shall  be 
excluded  ;  we  will  provide  that  the  right  of  voting  shall  be 
on  a  broad  and  secure  basis,  and  we  will  trust  to  the  dis- 
cretion of  the  electors  themselves  the  choice  of  those  who 
are  to  represent  them  in  assembly  ? 

"  Every  qualification  implies  a  disqualification.  The  per- 
sons who  do  not  possess  the  qualification  required,  become 
ineligible.  Is  not  this  to  restrain  the  freedom  of  choice 
allowed  by  the  constitution  to  the  body  of  electors  ?  An 
improper  exercise  of  this  liberty  cannot  constitutionally  be 
presumed.  Why,  therefore,  should  we  circumscribe  it 
within  limits  unknown  to  the  constitution  ?  Why  should 
we  abridge  the  rights  of  any  citizens  in  so  important  an 
article  ?  By  the  constitution,  every  citizen  is  eligible  to  a 
seat  in  the  assembly.  If  we  say  certain  descriptions  of 
persons  shall  not  be  so  eligible,  what  is  this  but  to  deprive 
all  those  who  fall  within  that  description,  of  an  essential 
right  allowed  them  by  the  constitution  ? 


^T.  30.]  HAMILTON.  205 

"  If  we  once  break  the  ground  of  departing  from  the  sim- 
ple plan  of  the  constitution,  it  may  lead  us  much  farthei 
than  we  intend. 

"  From  the  prevalency  of  a  certain  system,  it  is  now 
proposed  to  exclude  all  persons  from  seats  who  hold  offices 
under  congress ;  the  pretence  is,  to  guard  against  an  im- 
proper influence.  I  may  think  another  species  of  influ- 
ence more  dangerous.  To  preserve  consistency,  we  should 
declare  that  no  member  of  congress  should  hold  a  seat. 
For,  surely,  if  it  be  dangerous  that  the  servants  of  congress 
should  have  a  seat  in  this  house,  it  is  more  dangerous  that 
the  members  themselves  should  be  allowed  this  privi- 
lege.* 

*'  There  are  officers  who  have  been  wounded  in  the  ser- 
vice, and  who  now  have  pensions  under  the  United  States 
as  the  price  of  their  blood  ;  would  it  be  just,  would  it  not 
be  cruel  on  this  account  to  exclude  men  from  a  share  in 
the  administration  of  that  government  which  they  have  at 
every  hazard  contributed  to  establish  ?  From  the  silence 
of  the  constitution,  it  is  inferred  that  it  was  intended  to 
leave  this  point  to  the  discretion  of  the  legislature.  I  rather 
infer  that  the  intention  of  the  constitution  was  to  leave  the 
qualifications  of  their  representatives  wholly  to  the  electors 
themselves.  The  language  of  the  constitution  seems  to  be 
this :  Let  us  take  care  that  the  persons  to  elect  are  pro- 
perly qualified  ;  that  they  are  in  such  a  situation  in  point 
of  property  as  not  to  be  absolutely  indigent  and  dependent, 
and  let  us  trust  to  them  the  care  of  choosing  proper  per- 
sons to  represent  them. 

"  I  hold  it  to  be  a  maxim  which  ought  to  be  sacred  in 
our  form  of  government,  that  no  man  ought  to  be  deprived 
of  any  right  or  privilege  which  he  enjoys  under  the  consti- 

*  John  Lansing  and  John  Haring  were  recently  appointed  by  the  legis. 
Istnre  in  which  they  had  seats,  delegates  to  congress. 


206  THE  REPUBLIC.  [1787. 

tution,  but  for  some  offence  proved  in  due  course  of  law. 
To  declare  qualifications  or  disqualifications  by  general 
descriptions  in  legislative  acts,  would  be  to  invade  this  im- 
portant principle.  It  would  be  to  deprive,  in  the  gross,  all 
those  who  had  not  the  requisite  qualifications,  or  who  were 
objects  of  those  disqualifications,  of  that  right  to  a  share  in 
the  administration  of  the  republic  which  the  constitution 
gives  them  ;  and  thus,  without  any  offence,  to  incur  a  for- 
feiture. As  to  the  objection  that  the  electors  might  even 
choose  a  foreigner  to  represent  them  within  the  latitude 
of  the  constitution,  the  answer  is,  that  common  sense 
would  not  tolerate  such  a  construction.  The  constitution, 
from  the  fundamental  policy  of  a  republican  government, 
must  be  understood  to  intend  citizens. 

"  Let  us  pursue  the  subject  a  little  further.  Commerce, 
it  will  be  admitted,  leads  to  an  increase  of  individual  pro- 
perty. Property  begets  influence.  Though  a  legislature, 
composed  as  we  are,  will  always  take  care  of  the  rights 
of  the  middling  and  lower  classes,  suppose  the  majority 
of  the  legislature  at  a  future  day  to  consist  of  wealthy  men, 
what  could  hinder  them,  if  the  right  of  innovating  on  the 
constitution  be  admitted,  from  declaring  that  no  man  not 
worth  ten  thousand  pounds  should  be  eligible  to  a  seat  in 
either  house?  Would  not  this  introduce  a  principle  of 
aristocracy  fatal  to  the  genius  of  our  present  constitu- 
tion? 

"  In  making  this  observation,  I  cannot  be  suspected  of 
wishing  to  increase  the  jealousy  already  sufficiently  high 
of  men  of  property.  My  situation,  prospects,  and  connec- 
tions, forbid  the  supposition ;  but  I  mean  honestly  to  lay 
before  you  the  dangers  to  which  we  expose  ourselves,  by 
letting  in  the  principle  which  the  clause  under  considera- 
tion rests  upon.  I  give  no  opinion  on  the  expediency  of 
the  exclusion  proposed.  I  only  say,  in  my  opinion,  the 
constitution  does  not  permit  it ;  and  I  shall  be  against  any 


^T.  80.]  HAMILTON.  207 

qualification  or  disqualification,  either  of  electors  or  elect- 
ed, not  prescribed  by  the  constitution. 

"  The  qualifications  both  of  the  electors  and  the  elected 
ought  to  be  fundamental  in  a  republican  form  of  govern- 
ment, not  liable  to  be  varied  or  added  to  by  the  legislature, 
and  they  should  for  ever  remain  where  the  constitution 
left  them.  It  is  to  be  lamented  that  men,  to  carry  some  fa- 
vourite point  in  which  their  party  or  their  prejudices  are 
interested,  will  inconsiderately  introduce  principles  and 
precedents  which  lead  to  successive  innovations  destruc- 
tive of  the  liberty  of  the  subject  and  the  safety  of  the  gov- 
ernment."    The  clause  was  stricken  out. 

The  candour,  the  simplicity  of  his  truth,  and  the  strict 
regard  to  the  liberties  of  the  citizen  displayed  on  these  oc- 
casions, entered  deeply  into  the  mind  of  the  house,  and 
every  question  where  state  pride  was  not  concerned,  or  offi- 
cial influence  not  exerted,  he  carried 'by  a  large  majority. 

He  opposed  with  great  force  an  amendment  of  the  senate, 
making  a  hostile  discrimination  as  to  persons  who  had  been 
engaged  in  privateering  during  the  war,  on  the  ground  that 
all  legislative  disfranchisements  were  unconstitutional.  "  In 
one  article  of  the  constitution  it  is  said — No  man  shall  be 
disfranchised  or  deprived  of  any  right  he  enjoys  under  the 
constitution,  but  by  the  law  of  the  land  or  the  judgment  of 
his  peers.  Some  gentlemen  hold  that  *the  law  of  the 
land'  will  include  an  act  of  the  legislature  ;  but  Lord  Coke, 
that  great  luminary  of  the  law,  in  his  comment  on  a  simi- 
lar clause  in  Magna  Charta,  interprets  the  law  of  the  land 
to  mean  presentment,  and  indictment,  and  process  of  out- 
lawry, as  contradistinguished  from  trial  by  jury. 

"But  if  there  were  any  doubt  upon  the  constitution,  the 
bill  of  rights  enacted  in  this  very  session  removes  it.  It  is 
there  declared  that  no  man  shall  be  disfranchised  or  de- 
prived of  any  right  but  by  due  process  of  law  or  the  judg- 
ment of  his  peers.     The  words  '  due  process,'  have  a  pre- 


208  THE  REPUBLIC.  [1787. 

cise  technical  import,  and  are  only  applicable  to  the  pro- 
cess and  proceedings  of  the  courts  of  justice.  They  can 
never  be  referred  to  an  act  of  the  legislature. 

"  Are  wewilHng  then  to  endure  the  inconsistency  of  pass- 
ing a  bill  of  rights,  and  committing  a  direct  violation  of  it 
in  the  same  session  ?  In  short,  are  we  ready  to  destroy  its 
foundations  at  the  moment  they  are  laid  ? 

"  When  the  discriminating  clauses  admitted  into  the  bill 
by  this  house  were  introduced,  he  was  restrained  by  mo- 
tives of  respect  for  the  sense  of  a  respectable  part  of  the 
house,  from  giving  it  any  other  opposition  than  a  simple 
vote.  The  limited  operation  they  would  have,  made  him 
less  anxious  about  their  adoption,  but  he  could  not  recon- 
cile it  to  his  judgment  or  feelings  to  observe  a  like  silence 
on  the  amendment  proposed  by  the  senate.  Its  operation 
would  be  very  extensive ;  it  would  include  almost  every 
man  in  the  city  concerned  in  navigation  during  the  war. 

"  Let  us,  then,  distinct  from  constitutional  considerations, 
consider  the  expediency  and  justice  of  the  clause.  The 
word  privateer  is  indefinite,  and  may  include  letters  of 
marque.  The  merchants  of  this  city  during  the  war,  ge- 
nerally speaking,  must  abandon  their  means  of  livelihood  or 
be  concerned  in  navigation.  If  concerned  in  navigation, 
they  must  of  necessity  have  their  vessels  armed  for  de- 
fence. They  would  naturally  take  out  letters  of  marque. 
If  every  owner  of  a  letter  of  marque  is  disfranchised,  the 
body  of  your  merchants  will  probably  be  in  this  situation. 
Is  it  politic  or  wise  to  place  them  in  it?  Is  it  expedient  to 
force  by  exclusions  and  discriminations  a  numerous  and  pow- 
erful class  of  citizens  to  be  unfriendly  to  the  government  ? 

"  He  knew  many  individuals  who  would  be  comprehend- 
ed, who  are  well  affected  to  the  prosperity  of  the  countrj% 
who  are  disposed  to  give  every  support  to  the  govern- 
ment, and  who,  some  of  them  at  least,  even  during  the 
war,  had  manifested  an  attachment  to  the  American  cause. 


^T.30.]  HAMILTON.  209 

But  there  is  one  view  in  which  the  subject  merits  consider- 
ation, that  must  lay  hold  on  all  our  feelings  of  justice. 
By  the  maritime  law,  a  majority  of  the  owners  have 
a  right  to  dispose  of  the  destination  of  the  vessel.  The 
dissent  of  the  minority  is  of  no  avail.  It  may  have  hap- 
pened, and  probably  has  happened  in  many  instances,  that 
vessels  have  been  employed  as  privateers,  or  letters  of 
marque,  by  a  majority  of  the  owners  contrary  to  the  sense 
of  the  minority. 

"  Would  it  be  just  to  punish  the  innocent  with  the  guilty, 
— to  take  away  the  rights  of  the  minority,  for  an  offence 
committed  by  the  majority  without  their  participation,  per- 
haps contrary  to  their  inclinations  ?  He  would  mention  a 
further  case,  not  equally  strong,  but  of  considerable  force, 
to  incline  the  house  against  the  amendment.  He  had  been 
informed  that  in  one  or  more  instances  during  the  war, 
some  zealous  people  had  set  on  foot  subscriptions  for  fit- 
ting out  privateers,  perhaps  at  the  instigation  of  the  Brit- 
ish government ;  and  had  applied  to  persons  suspected 
of  an  attachment  to  us  to  subscribe,  making  their  com- 
pliance a  test  of  their  loyalty.  Several  individuals  well 
disposed  to  our  cause,  to  avoid  becoming  the  objects  of 
persecution,  had  complied  ;  would  it  not  be  too  rigorous  to 
include  them  in  so  heavy  a  penalty  ? 

"  It  may  be  said  they  were  guilty  of  a  culpable  want  of 
firmness.  But  if  there  are  any  of  us  who  are  conscious 
of  greater  fortitude,  such  persons  should  not  on  that  ac- 
count be  too  severe  on  the  weaknesses  of  others.  They 
should  thank  nature  for  its  bounty  to  them,  and  should  be 
indulgent  to  human  frailty.  How  few  are  there  who  would 
have  had  strength  of  mind  enough  in  such  circumstances 
to  hazard,  by  a  refusal,  being  marked  out  as  the  objects  of 
military  resentment ! 

"  I  hope,  as  well  from  motives  of  justice  as  a  regard  to 
the  constitution,  we  shall  stop  where  we  are,  and  not  go 
Vol.  111.-^14 


210  THE  REPUBLIC.  [1787. 

any  farther  into  the  dangerous  practice  of  disquahfying 
citizens  by  general  descriptions." 

"  Though,"  a  member  repHed,  "  he  held  Colonel  Hamil- 
ton in  high  estimation,  and  had  a  very  great  respect  for 
his  candour,  abilities,  and  knowledge  of  mankind,  yet  he 
believed  him  much  mistaken.  He  laid  it  dov^^n  as  a  maxim, 
that  the  man  v^^ho  w^as  once  an  enemy  will  always  remain 
so.  It  was  prudent  to  guard  against  admitting  these  peo- 
ple to  a  participation  of  the  rights  of  citizens.  He  would 
not  operate  on  those  who  had  taken  up  arms  unwillingly. 
The  exclusion  was  constitutional,  because  the  constitution 
must  warrant  every  thing  necessary  for  its  own  support." 
He  appealed  to  that  section  of  it  which  prohibited  attain- 
ders, except  for  crimes  committed  during  the  war. 

Hamilton  denied  the  distinction,  and  explained  the  inten- 
tion and  meaning  of  this  clause  of  the  constitution.  He 
defined  acts  of  attainder,  "  as  laws  confiscating  for  treason 
and  misprision  of  treason  all  the  property  and  estate  of 
the  attainted  traitor,  and  forfeiting  his  life  unless  he  ap- 
peared to  take  his  trial."  This  was  the  construction  of  it 
by  the  country  from  which  we  derive  our  knowledge  of 
jurisprudence,  and  he  believed  no  example  could  be  ad- 
duced, wherein  it  had  been  extended  or  applied  in  any 
other  manner.  He  was  positive  it  could  not  be  exercised 
to  disfranchise  a  whole  party  ;  for  this  obvious  reason,  that 
it  would  involve  the  innocent  with  the  guilty.  This  clause 
in  the  constitution  was  only  intended  to  apply  in  particular 
cases,  where  an  exception  to  the  established  mode  of  com- 
mon law  became  necessary  by  the  persons  absenting 
themselves,  and  did  not  apply  to  the  subject  before  the 
house.  Precedents  of  this  kind  laid  the  foundation  for  the 
subversion  of  the  liberties  of  the  people.  He  hoped  they 
would  not  be  established."     He  again  prevailed.* 

*  Nays  32  to  21. 


^T.  30.]  HAMILTON.  211 

It  has  been  stated  that  in  the  year  seventeen  hundred 
and  eighty-two,  while  Hamilton  was  continental  receiver, 
he  had  digested  a  system  of  taxation,  the  great  object  of 
which  was  to  exclude  arbitrary  valuations  ;  that  he  also 
had  sought  to  engraft  the  same  principle  in  the  continental 
revenue  system,  framed  in  the  following  year. 

Having  been  placed  on  the  committee  of  ways  and 
means,  he  now  brought  forward  and  enforced  at  much 
length,  similar  views.  His  great  objects  were  to  substitute 
a  mode  by  which  every  individual  could  himself  estimate 
what  he  had  to  pay,  without  being  dependent  on  the  ca- 
prices, the  affections,  or  the  enmities  of  another ;  and  to 
approximate  as  near  as  possible  to  certainty  and  equality, 
the  two  great  objects  to  be  aimed  at  in  every  system  of 
taxation. 

One  of  the  clauses  of  the  bill  raising  taxes  deviated  from 
a  general  and  safe  principle.  It  proposed  a  tax  on  certain 
legal  instruments,  and  was  objected  to  because  it  was  par- 
tial in  its  operation  affecting  the  members  of  the  law. 
Hamilton  declared  his  opinion,  "  that  it  was  not  proper  to 
tax  any  particular  class  of  men  for  the  benefit  of  the  state 
at  large ;  but  in  the  present  instance  it  was  to  answer  a 
very  important  purpose.  It  was  putting  in  force  that  most 
excellent  part  of  the  constitution,  which  declares  that  the 
judges  should  be  independent  of  the  legislature.  This,  at 
present,  was  not  the  case.  He  therefore  supported  the 
paragraph,  observing  that  the  salaries  of  the  judges  should 
be  permanent ;  that  they  should  neither  fear  the  powers 
nor  court  the  favour  of  the  legislature.  He  believed  it 
was  right  that  this  independence  should  arise  from  the  tax 
proposed."  He  succeeded  in  sustaining  this  provision,  but 
the  plan,  after  a  very  full  consideration,  was  defeated  by 
a  small  majority. 

A  discussion  arose  upon  the  objections  of  the  council  of 
revision  to  a  bill  for  settling  intestate  estates,  proving  wills, 


212  THE   PwEPUBLIO.  [1787. 

and  granting  letters  of  administration.  Jones  advocated 
the  enactment  of  the  law.  Hamilton,  after  stating  that  he 
should  probably  vote  witk  him,  remarked,  "  that  he  did  not 
view  the  matter  in  quite  so  clear  a  light  as  that  gentleman 
appeared  to  do.  There  appeared  to  him  to  be  difficulties 
in  the  case,  which  he  would  candidly  lay  before  the  house 
to  assist  its  judgment. 

"  The  objection  is,  that  a  new  court  is  erected,  or  an  old 
one  invested  with  a  new  jurisdiction,  in  which  it  is  not 
bound  to  proceed  according  to  the  course  of  the  common 
law.  The  question  is,  what  is  meant  in  the  constitution  by 
this  phrase,  '  the  common  law  V  These  words  have,  in  a 
legal  view,  two  significations — one  more  extensive,  the 
other  more  sti^ict.  In  their  most  extensive  sense,  they 
comprehend  the  constitution  of  all  those  courts  which  Were 
established  by  immemorial  custom ;  such  as  the  court  of 
chancery,  the  ecclesiastical  court,  &c. ;  though  these  courts 
proceed  according  to  a  peculiar  law. 

"  In  their  more  strict  sense,  they  are  confined  to  the 
course  of  proceedings  in  the  courts  of  Westminster,  in 
England,  or  in  the  supreme  court  in  this  state.  If  the  words 
are  understood  in  the  first  sense,  the  bill  under  consider- 
ation is  not  unconstitutional.  In  the  last  it  is  unconstitu- 
tional, for  it  gives  to  an  old  court  a  new  jurisdiction,  in 
which  it  is  to  proceed  according  to  the  course  of  the  com- 
mon law  in  this  last  sense.  And  to  give  new  jurisdiction 
to  old  courts,  not  according  to  the  course  of  the  common 
law,  is,  in  my  opinion,  as  much  of  an  infringement,  in  sub- 
stance, of  this  part  of  the  constitution,  as  to  erect  new 
courts  with  such  jurisdiction.  To  say  the  reverse,  would 
be  to  evade  the  constitution. 

"  But,  though  I  view  it  as  a  delicate  and  difficult  question, 
yet  I  am  inclined  to  think  that  the  more  extensive  sense 
may  be  fully  adopted,  with  this  limitation — that  such  new 
jurisdictions  must  proceed  according  to  the  course  of  those 


^T.30.J  HAMILTON  213 

courts,  having,  by  the  common  law,  cognizance  of  the  sub- 
ject matter.  They  ought,  however,  never  to  be  extended 
to  objects  which,  at  common  law,  belonged  to  the  jurisdic- 
tion of  the  courts  at  Westminster,  and  which  in  this  state 
are  of  the  peculiar  cognizance  of  the  supreme  court.  At 
common  law,  the  ecclesiastical  courts,  not  the  courts  of 
Westminster,  had  cognizance  of  intestacies  and  testament- 
ary cases.  The  bill  proposes  that  the  court  of  probates 
shall  have  cognizance  of  the  same  causes  and  proceed  in 
the  same  manner  as  the  ecclesiastical  courts,  except  as  to 
inflicting  ecclesiastical  penalties.  The  distinction  I  have 
taken  will,  I  am  inclined  to  think,  bear  us  out  in  passing 
the  bill  under  consideration.  But  it  is  certainly  a  point 
not  without  considerable  difficulty."     The  bill  was  passed 

If  the  precise  and  profound  knowledge  of  the  great  prin- 
ciples of  jurisprudence  here  evinced,  commands  the  respect 
of  that  important  class  of  men  whose  profession  educates 
and  constitutes  them  the  guardians  of  human  rights,  his 
tolerant  spirit  more  attracts  the  commendation  of  all  those 
who  justly  value  freedom  of  conscience,  without  which  the 
law  is  chiefly  known  by  her  fetters  and  her  scourge. 

In  the  question,  the  solemn  question,  "  Why  should  we 
wound  the  tender  conscience  of  any  man  ?"  the  sternest 
rebuke  is  given  to  him  who  would  control  religious  opinion 
by  the  secular  arm,  as  if  man  had  any  power  over  the  soul 
of  man.  Nor  is  it  less  pleasing  to  remark  the  caution  and 
the  heart  with  which  he  watched  over  the  rights  of  the 
numerous  and  less  favoured  body  of  men.  In  the  statute 
regulating  elections,  it  is  the  poor  and  "  the  illiterate"  elect- 
or who  is  to  be  protected,  as  well  as  '-  his  more  instructed 
fellow-citizen,"  in  the  right  of  suffrage,  and  in  the  right 
of  choosing  as  his  representative  whom  he  pleased ;  that 
right  to  be  enjoyed  as  the  constitution  gave  it,  not  to  be 
infringed  by  any  legislative  act,  but  to  be  judged  by  the 
law  of  the  land  "  in  its  due  process." 


214  THE  REPUBLIC.  [1787. 

As  a  matter  affecting  the  poor,  he  preparea  a  bill  to 
regulate  the  circulation  of  copper  coin,  founded  on  a  re- 
port which  showed  a  depreciated  copper  currency,  and 
framed  a  resolution  directing  the  delegates  in  congress  to 
move  for  an  alteration  in  the  ordinance  as  to  the  mint,  so 
that  the  copper  coin  should  not  pass  for  more  than  the  ac- 
tual value  of  the  copper  and  the  expense  of  coinage. 

While  discussing  an  act  to  exempt  from  imprisonment 
the  smaller  classes  of  debtors,  his  only  apprehension  was, 
that  this  exemption  would  prevent  the  poor  from  obtain- 
ing assistance  from  the  rich.  "  He  would  wish,"  he  said, 
"  that  every  man  in  distress  would  meet  relief — he  would 
enter  into  any  measure  that  would  effect  this  purpose. 
But  the  clause  as  it  stood,  was  not  proper ;  it  might  be 
right  to  say  what  shall  be  done  in  respect  to  future  con- 
tracts, but  it  would  be  wrong  to  meddle  with  the  past." 

The  law  to  diminish  the  expense  of  the  collection  of 
small  debts,  and  those  in  relation  to  the  descent  and  dis- 
tribution of  property,  are  all  in  a  similar  equal  spirit. 

At  the  previous  session,  an  act  had  been  passed  abolish- 
ing entails,  and  dividing  the  inheritance  in  equal  parts 
among  the  lawful  issue  of  the  intestate.  This  principle 
was  now  extended  to  personal  property,  with  an  equitable 
reference  to  previous  settlements  or  advances.  Freehold- 
ers were,  by  another  act,  empowered  to  alien  at  their 
pleasure,  and  the  feudal  badges  abolished ;  all  charges  in- 
cident to  wardships,  liveries,  values,  and  forfeitures  of  mar- 
riages being  taken  away,  and  the  tenures  so  held,  turned 
into  free  and  common  socage.  Lands  exempt  in  other 
states  were  here  made  liable  to  be  sold  by  executions  for 
debt,  and  the  process  in  personal  actions  was  simplified. 

Having  thus  given  the  law  a  free  course,  he  drafted  an 
act  of  bankruptcy. 

Criminal  jurisprudence  was  also  an  object  of  his  atten- 
tion.    While  he  sought  to  secure  the  rights  of  society,  a 


^T.  30.]  HAMILTON.  215 

spirit  of  lenity  marked  his  course.  He  introduced  an  act 
for  the  speedy  trial  of  small  offenders,  and  while  condemning 
the  severity  of  some  of  the  penal  laws  of  England,  he  sus- 
tained those  which  had  in  view  the  protection  of  the  sub- 
ject from  arbitrary  power.  The  law  of  treason  was  de- 
fined, by  declaring  it  to  consist  only  in  levying  war  against 
the  people  of  the  state,  or  in  adhering  to  their  enemies, 
giving  them  aid  and  comfort.  It  must  be  established  "  by 
good  proof  of  open  deed,"  and  no  person  could  be  indicted 
for  or  convicted  of  it  except  on  the  oaths  of  "  two  lawful 
witnesses,"  or  upon  confession  "  without  violence,  in  open 
court." 

The  various  other  crimes  in  their  successive  gradations 
were  also  defined,  and  their  punishment  prescribed.  Amid 
the  disorders  following  a  revolution,  frequent  violations  of 
personal  liberty  would  take  place.  To  remedy  this  great  evil, 
a  bill  was  passed  to  prevent  delays  in  obtaining  the  benefit 
of  the  writ  of  habeas  corpus,  entitled  "  An  act  for  the  bet- 
ter securing  the  liberty  of  the  citizens  of  the  state." 

Litigation  had  become  rife,  and  there  was  a  violent  cla- 
mour against  the  members  of  the  bar,  by  the  many  against 
whom  the  arm  of  justice  was  raised.  A  bill  was  brought 
forward  to  reduce  their  compensation :  with  the  respect 
due  to  the  profession  of  which  he  was  a  member,  and  with 
a  discriminating  regard  to  the  true  interests  of  the  public, 
he  resisted  it  as  a  mere  lure  for  popularity,  and  demon- 
strated the  folly  of  reducing  their  compensation  below  a 
reasonable  standard.  With  the  same  regard  to  justice,  he 
earnestly  opposed  a  proposition  which  had  been  made  in 
a  former  legislature,  and  was  now  renewed,  for  a  discrimi- 
nation between  the  different  classes  of  the  public  creditors, 
and  urged  a  general  and  equal  provision  for  them  all. 
"  The  state,"  he  declared,  "  ought  to  give  all  the  relief  pos- 
sible to  every  class  of  public  claimants.  There  should  be 
no  discrimination  with  respect  to  possessors  of  certificates. 


216  THE  REPUBLIC.  [1787. 

There  was  no  propriety  in  a  partial  relief;  justice  should 
alike  be  administered  to  all."  Thus,  in  a  session  of  the 
legislature  the  most  distinguished  in  the  annals  of  this  state, 
lie  is  seen  usefully  employed  in  guarding  against  excess  of 
every  kind,  and  in  a  revisal  and  cautious  modification  of 
most  of  the  great  statutes  fundamental  to  its  poUty. 

Had  a  desire  for  personal  distinction  influenced  him,  in- 
stead of  this  careful  observance  of  ancient  landmarks  and 
estabhshed  precedents,  the  social  system  might  have  been 
disturbed  to  gratify  the  ambition  of  being  the  author  of  a 
code  ;  but  his  was  of  another  kind.* 

At  this  time  was  also  passed  an  act  for  the  encourage- 
ment of  navigation  by  steam,  and  thus  an  incitement  was 
given  to  discoveries  which  form  an  era  in  the  annals  of 
this  country.  This  was  also  an  epoch  in  another  branch 
of  legislation,  which  must  largely  and  happily  control  its 
future  destinies. 

The  proposed  provisions  in  the  law  governing  elections 
for  the  protection  of  the  rights  of  illiterate  persons,  show 
the  want  of  education  at  this  time.  The  evil  was  one  of 
an  extent  and  magnitude  worthy  the  cares  of  a  statesman 
employed  in  laying  the  foundations  of  an  empire. 

When  studying  closely,  as  Hamilton  had  done,  the  intel- 
lect of  the  ancient  world,  while  the  wonderful  advances  it 
had  made  with  its  feeble  aids  attracted  his  admiration,  the 
pervading  defect  of  its  polity  could  not  have  escaped  his 
observation.  Its  institutions  were  for  the  few ;  the  pro- 
gressive nature  of  society  was  overlooked,  and  hence  their 
frequent  and  sudden,  violent  and  total  subversion.  A  sys- 
tem of  general  education  was  unknown,  and  consequently 
when  the  civilized  world  was  overrun,  forming  no  part 


*  It  would  be  a  great  injustice  to  omit  the  name  of  Samuel  Jones  as  a  chief 
coadjutor  m  this  important  duty.  To  his  profound  learning,  this  state  is 
much  indebted  as  a  reviser  of  its  laws. 


^T.  30.]  HAMILTON.  217 

of  the  state,  learning  was  buried  amid  the  ruins  of  empires, 
or  was  compelled  to  take  refuge  in  the  cloister.  Emerg- 
ing from  this  asylum  by  slow  degrees,  it  came  into  a  rude 
world,  obscured  by  the  dogmas  of  the  contending  sects, 
which,  admitting  the  theory,  refused  the  right  of  free  in- 
quirj^,  and  at  the  same  time  assumed  the  high  office  of 
teaching  nations. 

The  United  States  being  settled  at  this  time,  felt  these 
influences,  and  the  early  colonies,  in  their  religious  preju- 
dices and  political  speculations,  exhibit  conspicuously  the 
coexistence  of  the  most  adverse  principles ;  in  questions 
of  faith,  a  narrow  tyranny  ;  in  questions  of  government,  the 
largest  liberty.  With  the  distinguished  exception  of  parts 
of  New-England,  the  only  education  proceeded  from  reli- 
gious endowments ;  a  happy  provision  for  a  people  too 
poor  and  sparse  to  educate  themselves.  But  these  endow- 
ments were  inadequate  to  the  purpose. 

Hamilton  resolved  to  supply  this  deficiency.  Guarding 
against  sectarian  or  other  influences  foreign  to  it,  he  de- 
termined to  build  up  a  great  system  of  public  instruction 
upon  comprehetisive  principles ;  to  make  it  so  essential  a 
part  of  the  public  policy,  that  it  would  endure  through 
every  change  of  government ;  to  render  it  by  habit  a  want 
of  society,  a  necessary  part  of  its  aliment  that  must  and 
will  be  satisfied. 

His  first  great  object  was  to  place  a  book  in  the  hand 
of  every  American  child.  As,  in  his  enlarged  views,  each 
branch  of  knowledge  had  its  place  and  value  in  reference 
to  the  various  natural  indications  of  the  mind,  the  next 
was  to  provide  for  each  individual,  and  each  degree  and 
variety  of  talent,  a  progressive  culture.  Thus,  from  the 
broad  basis  of  common  education  was  to  rise  in  due  gra- 
dation a  system  of  order  and  of  beauty,  to  be  cemented 
with,  to  pervade,  to  sustain,  to  overarch,  and  to  embellish 
the  whole  moral  and  political  frame  of  society. 


218  THE   KEPUBLIO.  [1787. 

Only  one  literary  foundation  of  magnitude  existed  m 
the  colony  of  New- York,  known  as  King's  College ;  an 
endowment  by  the  church  of  England  in  the  year  seven- 
teen hundred  and  fifty-four,  on  condition  of  conformity 
with  its  tenets.  This  college  was  dispersed  at  the  begin- 
ning of  the  revolution.  Its  professors  fled,  its  library 
was  plundered,  and  the  edifice,  which  had  been  occupied 
by  the  British  soldiery,  alone  remained.  In  the  interior 
of  the  state  the  few  schools  which  had  been  sustained  by 
private  resources  were  abandoned ;  a  fact  of  moment  to 
show  the  character  of  the  generation  which  grew  up  du- 
ring this  civil  war.  Soon  after  the  peace,  the  attention 
of  the  legislature  was  directed  to  this  subject,  and  in  May, 
seventeen  hundred  and  eighty-four,  an  act  was  passed  to 
create  a  university,  of  which  the  great  officers  of  the 
state,  with  twenty-four  others  to  be  appointed  by  the  gov- 
ernor and  council  of  appointment,  and  one  to  represent 
the  clergy,  were  constituted  the  regents,  upon  whom  w^as 
conferred  the  government  and  visitation  of  the  colleges 
and  schools  that  should  be  established.  This  act  also 
provided,  in  addition  to  the  regents  appoirrted  by  the  state, 
that  every  religious  society  might  institute  a  professorship, 
and  that  every  founder  of  a  college  or  school  might  elect 
a  representative,  who,  with  the  president  of  each  institu- 
tion, was  to  be  a  member  of  the  board  of  regents,  of  which 
all  professors,  tutors,  and  fellows,  were  also  to  be  members 
in  virtue  of  their  oflfices. 

Thus,  the  control  of  education  would  soon  have  been 
wrested  from  the  state,  and  would  have  passed  into  the 
hands  of  those  either  least  apt  to  detect,  or  most  interested 
in  concealing  abuses,  and  who  would  not  have  kept  pace 
with  the  advances  of  society.  This  act  also  violated  a 
great  principle  of  justice,  despoiling  King's  College  of  its 
property  and  vesting  it  in  the  university.  At  the  next 
meeting  of  the  legislature  an  amendatory  act  was  passed. 


^T.  30.]  HAMILTON.  219 

which  extended  the  error  of  the  original  law  by  giving 
to  the  clergy  of  each  denomination  the  right  of  represen- 
tation in  the  regency.  It  also  constituted  a  new  board  of 
regents,  of  which  Hamilton  was  appointed  a  member. 
No  beneficial  results  were  attained  by  this  legislation ; 
the  college  languished,  and  the  severe  blow  which  it  had 
received  by  the  violation  of  its  charter  left  little  prospect 
of  its  renovation,  while  the  precedent  w^ould  deter  other 
similar  efforts  of  munificence.  It  also  essentially  deviated 
from  Hamilton's  views,  which  contemplated  a  state  estab- 
lishment for  public  instruction,  excluding  all  clerical  and 
individual  influence. 

Soon  after  the  excitement  which  had  arisen  at  the 
opening  of  the  session  was  quieted,  he  introduced  "  an 
act  to  institute  a  university,  and  for  other  purposes." 
This  act  repealed  the  previous  laws,  and  established  a 
university  by  the  style  of  the  "  Regents  of  the  University 
of  the  State  of  New- York ;"  who  were  incorporated  with 
perpetual  succession,  with  power  to  hold  property  yielding 
a  limited  income.  It  provided,  that  there  should  be  al- 
ways twenty-one  regents,  "of  which  the  governor  and 
lieutenant-governor  of  the  state,  for  the  time  being,  were 
always,  in  virtue  of  their  offices,  to  be  two ;"  and  it  ap- 
pointed the  other  regents  by  name,  who,  with  all  future 
regents,  were  to  continue  in  place  during  the  pleasure  of 
the  legislature,  which  was  to  supply  vacancies.  Thus,  it 
was  hoped  that  the  supervision  of  education  would  not  be 
perverted  to  party  purposes. 

The  regents  were  to  be  convened  by  the  governor,  in 
the  first  instance,  and  were  to  elect  a  chancellor  and  vice- 
chancellor,  to  hold  their  offices  during  their  pleasure. 

The  regents  were  constituted  the  visiters  of  all  the  col- 
leges and  academies  of  the  state,  with  the  duty  of  visiting 
every  college  once  in  each  year.  They  were  enjoined  to 
meet  annually  at  the  seat  of  government,  to  report  the  state 


220  THE  EEPUBLIC.  [1787. 

of  education  and  discipline  to  the  legislature,  with  power  to 
supply  vacancies  occurring  in  the  offices  of  presidents  of 
the  colleges,  or  of  the  principals  of  the  academies,  through 
the  neglect  of  their  trustees.  They  were  also  to  confer  de- 
grees, to  apply  their  funds  at  their  discretion,  "  in  a  man- 
ner most  conducive  to  the  promotion  of  useful  knowledge 
within  the  state,"  and  to  authorize  the  founding  of  colleges 
and  academies  by  individuals,  the  trustees  of  which,  whose 
number  was  defined,  after  a  declaration  under  the  common 
seal  of  the  regents  to  that  effect,  became  incorporated 
with  perpetual  succession,  but  always  subject  to  their  visi- 
tation. 

The  annual  revenue  of  the  academies  was  also  limited. 
The  scholars  educated  in  those,  whose  plan  of  education 
should  be  approved  by  the  regents,  were  entitled,  upon 
examination,  to  be  admitted  into  either  college. 

Provisions  were  made  for  the  government  of  these 
academies  by  their  trustees,  and  for  their  elevation  to  the 
rank  of  a  college  when  deemed  expedient  by  the  regents. 
No  president  or  professor  was  to  be  ineligible  by  reason 
of  his  religious  tenets — all  test-oaths  were  prohibited.  No 
professor  or  tutor  could  be  a  trustee  of  any  of  these  es- 
tablishments, nor  could  any  presiding  officer  have  a  vote 
as  to  his  salary,  nor  were  any  of  the  officers  or  founders 
of  these  institutions  eligible  as  regents  of  the  university. 
These  were  the  general  provisions  of  this  important  act. 
It  also  repaired  the  wrong  to  King's  College,  ratifying  its 
charter  under  the  previously  selected  name  of  Columbia 
College,  expressly  abrogating  all  provisions  in  it  requiring 
test-oaths  or  declarations  of  religious  conformity,  limiting 
the  number  of  the  trustees,  when  reduced  by  death  or  re- 
signation, to  twenty-four  persons,  who  were  vested  with 
the  original  property  of  the  college.  By  this  system,  all 
the  seminaries  of  instruction  became  a  part  of  the  univer- 
sity, and  were  subject  to  its  visitation.     Every  institution 


^T.  30.]  HAMILTON.  221 

liad  a  government  of  its  own,  and  a  strong  inducement  to 
improvement  was  held  out  to  each  academy,  by  the  prom- 
ise of  advancement  to  the  rank  of  a  college. 

The  privilege  to  the  scholars  of  academies  of  admission 
into  the  colleges,  would  secure  a  uniformity  of  discipline  and 
of  education,  and,  that  which  Hamilton  deemed  of  the  great- 
est importance  under  a  popular  government,  every  founda- 
tion of  learning  was  secured  from  legislative  interference 
by  a  perpetual  charter. 

Justly  as  New-York  may  boast  her  provision  for  the  ed- 
ucation of  her  citizens,  yet  from  a  want  of  perseverance 
and  comprehensive  energy  in  its  administration,  this  im- 
portant act  has  not  yet  produced  all  the  beneficial  results 
anticipated  by  its  author. 

It  is  only  by  a  comparison  of  his  system  with  those  of 
the  autocratic  monarchies  of  Europe,  and  of  their  success 
in  extending  and  raising  the  popular  intelligence,  that  a 
just  estimate  can  be  formed  of  its  merits. 

Thus  viewed,  it  will  be  deemed  not  a  little  remarkable 
that  Hamilton  should  have  anticipated,  by  a  bold  effort  of 
his  genius,  a  plan  of  public  instruction  that  will  bear  com- 
parison with  those  which  in  Europe  have  been  the  results 
of  long  usage,  and  of  successive  acts  of  legislation,  at  last 
moulded  into  a  form  that  would  seem  not  to  be  suscepti- 
ble of  improvement.* 

While  his  mind  had  been  in  part  occupied  with  these 
various  subjects  of  interest,  his  thoughts  were  chiefly  di- 
rected to  the  great  object  which  had  induced  him  to  accept 
a  seat  in  the  assembly.  Would  New- York  still  obsti- 
nately withhold  from  congress  the  power  of  raising  a  na- 
tional revenue,  was  the  question  he  resolved  to  determine. 

*  It  is  stated  that  the  imperial  decree  of  March,  1808,  must,  from  its  anal- 
ogy  with  this  law,  have  been  "  seen  and  copied  "  by  the  statesmen  of  France. 
— Am.  Qr.  Rev.  v.  6,  p.  145. 


222  THE   REPUBLIC.  [178Y. 

Every  effort  having  been  made  to  impress  on  the  mem- 
bers of  the  legislature  the  necessity  of  granting  the  impost 
upon  terms  which  would  be  accepted  by  the  other  states, 
a  final  action  on  this  measure  took* place  on  the  fifteenth 
of  February. 

After  adverting  to  the  discrepancy  of  the  votes  which 
had  been  given  on  the  different  clauses  of  this  bill,  Hamil- 
ton observed : — 

"  It  is  a  common  practice  upon  the  discussion  of  an  im- 
portant subject,  to  endeavour  to  conciliate  the  good- will  of 
the  audience  to  the  speaker,  by  professions  of  disinterested- 
ness and  zeal  for  the  public  good.  The  example,  however 
frequent,  I  shall  no  farther  imitate  than  by  making  one  or 
two  general  observations.  If,  in  the  public  stations  I  have 
filled,  I  have  acquitted  myself  with  zeal,  fidelity,  and  disin- 
terestedness ;  if,  in  the  private  walks  of  Hfe,  my  conduct 
has  been  unstained  by  any  dishonourable  act ;  if  it  has 
been  uniformly  consistent  with  the  rules  of  integrity,  I 
have  a  right  to  the  confidence  of  those  to  whom  I  address 
myself.  They  cannot  refuse  it  to  me  without  injustice — I 
am  persuaded  they  will  not  refuse  it  to  me. 

"  If,  on  the  other  hand,  my  public  conduct  has  been  in 
any  instance  marked  with  perfidy,  duplicity,  or  with  sinister 
views  of  any  kind  ;  if  any  imputations  founded  in  fact  can 
be  adduced  to  the  prejudice  of  my  private  character,  I  have 
no  claim  to  the  confidence  of  the  community,  nor  should  I 
expect  it. 

"  Even  these  observations  I  should  have  spared  myself, 
did  I  not  know  that,  in  the  rage  of  party,  gross  calumnies 
have  been  propagated.  Some  I  have  traced  and  detected ; 
there  may  still  be  others  in  secret  circulation,  with  which 
I  am  unacquainted.  Against  the  influence  of  such  arts  I 
can  have  no  other  shield  than  the  general  tenor  of  my  past 
conduct.  If  that  will  protect  me,  I  may  safely  confide  in 
the  candour  of  the  committee.     To  that  standard  I  cheer- 


^T.  30.]  HAMILTON.  223 

fully  submit.  •  But,  indeed,  of  what  importance  is  it  who  is 
the  speaker  ?  His  reasons  only  concern  the  committee. 
If  these  are  good,  they  owe  it  to  themselves  and  to  their 
constituents  to  allow  them  their  full  weight." 

He  then  proceeded  to  examine  the  objections  which  had 
been  raised  to  the  delegation  of  legislative  power  to  con- 
gress. This  examination  led  to  a  close  and  cogent  argu- 
ment, embracing  a  consideration  of  the  relations  of  the 
states  to  the  confederacy ;  showing  that  the  idea  of  a 
Union  of  the  colonies  had  pervaded  all  the  public  acts  of 
the  country ;  that  it  was  continued  and  confirmed  in  the 
declaration  of  independence  ;  and  that  the  confederation, 
by  the  express  terms  of  the  compact,  preserved  and  con- 
tinued the  power  of  perpetuating  that  union.  In  the  course 
of  these  remarks,  the  powers  of  the  confederation  were 
briefly  analyzed,  and  its  supremacy  asserted ;  and  it  was 
shown  that  the  objections  to  the  proposed  grant  of  the  im- 
post would,  if  sustained,  have  proved  that  the  powers  al- 
ready vested  in  it  were  illegal  and  unconstitutional ;  would 
render  a  confederation  of  the  states  in  any  form  impracti- 
cable, and  would  defeat  all  the  provisions  of  the  constitu- 
tion of  the  state  which  related  to  the  United  States.  "  If,'* 
he  observed, "  the  arguments  I  have  used  under  this  head  are 
not  well  founded,  let  gentlemen  come  forward  and  show 
their  fallacy.  Let  the  subject  have  a  fair  and  full  explana- 
tion, and  let  truth,  on  whatever  side  it  may  be,  prevail." 

He  in  the  next  place  answered  the  objection,  that  this 
grant  of  the  impost  to  congress  would  endanger  their  lib- 
erties ;  and,  in  order  to  overcome  prejudice,  he  gave  a  nar- 
rative of  the  origin  and  progress  of  the  measure.  "  Whence," 
he  asked  at  its  close,  "  can  this  danger  to  liberty  arise  ?  The 
members  of  congress  are  annually  chosen  by  the  several 
legislatures  ;  they  are  removable  at  any  moment  at  the 
pleasure  of  those  legislatures.  They  come  together  with 
different  habits,  prejudices,  and  interests.    They  are,  in  fact. 


224  THE  REPUBLIC.  [1787. 

continually  changing.  How  is  it  possible  for  a  body  so 
composed  to  be  formidable  to  the  liberties  of  the  states, 
several  of  which  are  large  empires  in  themselves  ?    , 

"  The  subversion  of  the  liberty  of  these  states  could  not 
be  the  business  of  a  day.  It  would  at  least  require  time, 
premeditation,  and  concert.  Can  it  be  supposed  that  the 
members  of  a  body  so  constituted,  would  be  unanimous  in 
a  scheme  of  usurpation  ?  If  they  were  not,  would  it  not 
be  discovered  and  disclosed  ?  If  we  even  could  suppose 
this  unanimity  among  one  set  of  men,  can  we  believe  that 
all  the  new  members,  who  are  yearly  sent  from  one  state 
or  another,  would  instantly  enter  into  the  same  views  ? 
Would  there  not  be  found  one  honest  man,  to  warn  his 
country  of  the  danger  ? 

"  Suppose  the  worst :  suppose  the  combination  entered 
into  and  continued ; — the  execution  would  at  least  announce 
the  design,  and  the  means  of  defence  would  be  easy.  Con- 
sider the  separate  power  of  several  of  these  states,  and  the 
situation  of  them  all !  Consider  the  extent,  populousness, 
and  resources  of  Massachusetts,  Virginia,  Pennsylvania,  I 
might  add,  of  New- York,  Connecticut,  and  other  states ! 
Where  could  congress  find  means  sufficient  to  subvert  the 
government  and  liberties  of  either  of  these  states  ?  Or  rather, 
where  find  means  sufficient  to  effect  the  conquest  of  all?  If 
an  attempt  was  made  upon  one,  the  others,  from  a  sense  of 
common  danger,  would  make  common  cause,  and  they 
could  immediately  unite  and  provide  for  their  joint  defence. 

"  There  is  one  consideration  of  immense  force  in  this 
question,  not  sufficiently  attended  to.  It  is  this — that  each 
state  possesses  in  itself  the  full  power  of  government,  and 
can  at  once,  in  a  regular  and  constitutional  way,  take 
measures  for  the  preservation  of  its  rights.  In  a  single 
kingdom  or  state,  if  the  rulers  attempt  to  establish  a  tyr- 
anny, the  people  can  only  defend  themselves  by  a  tumultu- 
ary insurrection.     They  must  run  to  arms  without  concert 


^T.SO.]  HAMILTON,  225 

or  plan,  while  the  usurpers,  clothed  with  the  forms  of  legal 
authority,  can  employ  the  force  of  the  state  to  suppress 
them  in  embryo,  and  before  they  can  have  time  or  oppor- 
tunity to  give  system  to  their  opposition.  With  us  the 
case  is  widely  different.  Each  state  has  a  government 
completely  organized  in  itself,  and  can  at  once  enter  into 
a  regular  plan  of  defence,  with  the  force  of  the  community 
at  its  command.  It  can  immediately  form  connections 
with  its  neighbours,  or  even  with  foreign  powers,  if  neces- 
sary. 

"  In  a  contest  of  this  kind,  the  body  of  the  people  will 
always  be  on  the  side  of  the  state  governments.  This  will 
not  only  result  from  their  love  of  liberty  and  regard  to 
their  own  safety,  but  from  other  strong  principles  of  hu- 
man nature."  Among  these  were  mentioned  the  operation 
of  the  state  governments  upon  the  immediate  personal  con- 
cerns to  which  the  sensibility  of  individuals  is  awake — the 
distribution  of  private  justice,  and  the  weight  of  official 
influence.  '  The  causes,'  he  said,  '  which  secure  the  at- 
tachment of  the  people  to  their  local  governments  present 
us  with  another  important  truth — the  natural  imbecility 
of  federal  governments,  and  the  danger  that  they  will 
never  be  able  to  exercise  power  enough  to  manage  the 
federal  affairs  of  the  union.  Though  the  states  will  have 
a  common  interest,  yet  they  will  also  have  a  particular 
interest ;  for  example,  as  a  part  of  the  union,  it  will  be  the 
interest  of  every  state  that  the  general  government  should 
be  supplied  with  the  revenues  necessary  for  the  national 
purposes ;  but  it  will  be  the  particular  interest  of  each 
state  to  pay  as  little  itself,  and  to  let  its  neighbours  pay  as 
much  as  possible.  Particular  interests  have  always  more 
influence  upon  men,  than  general.  The  several  states, 
therefore,  consulting  their  immediate  advantage,  may  be 
considered  as  so  many  eccentric  powers  tending  in  a  con- 
trary direction  to  the  government  of  the  union,  and  as 
Vol.  Ill— 15 


226  THE  REPUBLIC.  [1787. 

they  will  generally  carry  the  people  along  with  them,  our 
confederacy  will  be  in  continual  danger  of  dissolution. 

"  This  is  the  real  rock  upon  which  the  happiness  of  this 
country  is  likely  to  split.  This  is  the  point  to  which  our 
fears  and  cares  should  be  directed.  To  guard  against  this, 
and  not  to  terrify  ourselves  with  imaginary  dangers  from 
the  spectre  of  power  in  congress,  will  be  our  true  wisdom." 

He  then  proceeded  to  examine  and  to  vindicate  the 
provisions  of  the  bill  making  the  proposed  grant — pointed 
out  the  habitual  delinquencies  to  the  repeated  requisitions 
— the  small  amount  of  the  general  revenue  collected — the 
hostility  of  the  adjacent  states — the  increased  burden  im- 
posed  on  New- York  by  the  inequality  of  the  existing  sys- 
tem— the  beneficial  consequences  of  a  national  revenue — 
the  necessity  of  it  for  the  payment  of  the  foreign  debt. 
Having  dwelt  upon  these  topics,  which  compelled  a  large 
survey  of  the  state  of  the  country,  he  closed  with  the  fol- 
lowing remarks  :  "  Can  our  national  character  be  preserved 
without  paying  our  debts  ?  Can  the  union  subsist  without 
revenue  ?  Have  you  realized  the  consequences  which 
would  attend  its  dissolution  ?  If  these  states  are  not  united 
under  a  federal  government,  they  will  infalHbly  have  wars 
with  each  other,  and  their  divisions  will  subject  them  to 
all  the  mischiefs  of  foreign  influence  and  intrigue.  The 
human  passions  will  never  want  objects  of  hostility.  The 
western  territory  is  an  obvious  and  fruitful  source  of  con- 
test. Let  us  also  cast  our  eye  upon  the  map  of  this  state, 
intersected  from  one  extremity  to  the  other  by  a  large 
navigable  river.  In  the  event  of  a  rupture  with  them, 
what  is  to  hinder  our  metropohs  from  becoming  a  prey  to 
our  neighbours  ?  Is  it  even  supposable  that  they  would 
suflfer  it  to  remain  the  nursery  of  wealth  to  a  distinct  com- 
munity ?  These  subjects  are  delicate,  but  it  is  necessary 
to  contemplate  them,  to  teach  us  to  form  a  true  estimate 
of  our  situation.     Wars  with  each  other  beget  standing 


^T.30.J  HAMILTON.  227 

armies — a  source  of  more  real  danger  to  our  liberties  than 
all  the  power  that  could  be  conferred  upon  the  representa- 
tives of  the  union  ;  and  wars  with  each  other  would  lead 
to  opposite  alliances  with  foreign  powers,  and  plunge  us 
into  all  the  labyrinths  of  European  pohtics. 

"The  Romans,  in  their  progress  to  universal  dominion, 
when  they  conceived  the  project  of  subduing  the  refrac- 
tory spirit  of  the  Grecian  republics  which  composed  the 
famous  Achaean  league,  began  by  sowing  dissensions 
among  them,  and  instilling  jealousies  of  each  other  and  of 
the  common  head  ;  and  finished  by  making  them  a  pro- 
vince of  the  Roman  empire.  The  application  is  easy.  If 
there  are  any  foreign  enemies,  if  there  are  any  domestic 
foes  to  this  country,  all  their  arts,  all  their  artifices  will  be 
employed  to  effect  a  dissolution  of  the  union.  This  can- 
not be  better  done  than  by  sowing  jealousies  of  the  federal 
head,  and  cultivating  in  each  state  an  undue  attachment  to 
its  own  power." 

The  statements  given  by  persons  yet  living,  and  in 
the  gazettes  of  that  day,  show  the  impression  produced 
upon  the  public  opinion  on  this  occasion.  The  speech 
was  received  and  perused  "with  very  great  interest.  "I 
well  remember,"  Chancellor  Kent  observes,  "  how  much 
it  was  admired  for  the  comprehensive  views  which  it 
took  of  the  state  of  the  nation — the  w^arm  appeals  which 
it  made  to  the  public  patriotism — the  imminent  perils  which 
it  pointed  out,  and  the  absolute  necessity  which  it  showed 
of  some  such  financial  measure  to  rescue  the  nation  from 
utter  ruin  and  disgrace." 

The  importance  of  the  question,  and  the  expectation  of 
an  animated  discussion,  had  called  together  most  of  the 
distinguished  men  of  the  state,  who  awaited  with  anxiety 
the  decision  of  the  house.  On  taking  the  final  vote,  there 
appeared  in  favour  of  the  impost,  twenty-one,  against  it, 
thirty-six  members. 


228  THE  KEPUBLIC.  [1787. 

To  this  address  there  was  no  reply.  The  opposition 
neither  attempted  to  justify  their  votes  on  this  momentous 
question  by  argument,  nor  to  invahdate  the  cogent  elo- 
quence of  Hamilton.  It  was  defeated  by  a  silent  vote, 
which  led  to  the  remark,  "that  the  impost  was  strangled 
by  a  hand  of  mutes."* 

One  other  subject  remained,  of  great  importance  and 
perplexity  in  any  issue  of  events,  whether  New- York 
were  to  become  an  independent  commonwealth,  which  she 
could  not  have  long  remained,  or  whether  the  union  should 
be  preserved.  It  was  the  long-agitated  question  of  the 
New-Hampshire  grants,  or  state  of  Vermont  as  it  was  then 
called,  although  not  recognised  by  the  confederation. 

The  letter  of  Hamilton  to  Governor  Clinton,  on  his  re- 
tirement from  congress  in  seventeen  hundred  and  eighty- 
three,  stated  the  little  probability  of  an  adjustment  of  that 
question  by  any  other  means  than  by  a  federal  court.  The 
inhabitants  of  the  district  of  country  in  dispute,  had  since 
that  period  been  increasing  in  numbers,  and  it  had  at  last 
become  obvious,  that  the  only  possible  mode  by  which 
New- York  could  maintain  her  jurisdiction,  must  be  by  a 
resort  to  force. 

The  continuance  of  the  controversy  had  embittered  the 

*  Chancellor  Livingston  wrote  to  Hamilton  on  the  5th  of  March,  1787 : 
"  I  received  your  information  relative  to  the  law  for  dividing  the  district.  1 
am  much  obliged  by  your  attention  to  that  subject.  While  I  condole  with 
you  on  the  loss  of  the  impost,  I  congratulate  you  on  the  laurels  you  acquired 
in  fighting  its  battles.  I  shall  endeavour  to  make  myself  here  useful  by  ef- 
fecting  some  changes  in  the  representation. ,  I  expect  this  will  produce  some 
attack  on  me,  or  my  salary.  All  I  expect  from  my  friends,  will  be,  that  they 
do  not  suffer  such  exertions  to  be  made  as  will  be  dishonourable  to  me.*  A 
liberal  and  honourable  appointment,  such  as  would  enable  me  to  live  as  I 
would  wish  constantly  in  New-York,  I  cannot  expect  from  the  prevailing 
party." 

*  The  attack  was  made,  but  was  defeated  by  "his  friends."  Hamilton  moved  the  highest 
mm.  He  soon  after  this  framed  a  law,  which  passed,  for  the  adjustment  of  the  title  of  the 
Oneida  purchase,  affecting  a  very  large  portion  of  the  state. 


.Et.  30.]  HAMILTON.  229 

angry  feelings  of  the  disputants.  The  ruhng  party  in  New- 
York  had  committed  themselves  with  her  citizens  on  this 
subject ;  and  while  their  domestic  interests,  the  exposure  of 
her  frontier,  the  avoidance  of  a  civil  war,  all  combined  to 
render  an  acknowledgment  of  the  independence  of  Ver- 
mont unavoidable,  not  an  individual,  since  Schuyler  had 
failed  in  his  efforts  in  seventeen  hundred  and  eighty,  had 
acquired  sufficient  influence  in  the  legislature  to  carry  with 
him  the  public  mind.  The  situation  of  Clinton  in  reference 
to  this  subject  was  not  free  from  embarrassment. 

The  question  of  territorial  jurisdiction  commenced  in 
the  year  seventeen  hundred  and  forty-nine,  when  Governor 
Wentworth  made  the  grant  of  Bennington.  It  continued 
to  be  a  source  of  difficulty  between  the  governors  of  New- 
Hampshire  and  New-York,  and  was  rendered  more  intri- 
cate by  the  conflicting  orders  of  the  privy  council  of  Great 
Britain,  until  near  the  period  of  the  revolution,  when  the 
people  of  Vermont  determined  upon  open  resistance. 

In  seventeen  hundred  and  seventy-two,  conventions  of 
the  diflferent  towns  were  held,  and  were  renewed  at  inter- 
vals, which  passed  resolves,  forbidding  the  inhabitants  of 
the  "  grants  "  from  accepting  titles,  holding  offices  from,  or 
acting  under  the  authority  of  New- York,  and  enforced 
their  resolves  with  extreme  severity. 

In  seventeen  hundred  and  seventy-four,  under  the  royal 
government,  Clinton  was  appointed  chairman  of  a  com- 
mittee of  the  New- York  assembly,  which  reported  various 
resolutions,  reciting  the  violence  of  the  grantees,  denoun- 
cing their  leaders,  and  recommending  a  proclamation  for 
their  apprehension,  which  was  issued  by  Governor  Tryon. 
A  counter  proclamation  from  Ethan  Allen,  and  others  of 
the  proscribed,  announced  their  determination  to  "resist 
unto  blood."  This  state  of  things  continued  until  the  as- 
sembling of  the  continental  congress,  when,  encouraged  by 
the  exploit  of  Allen  at  Ticonderoga,  the  "revolters"  pe- 


230  THE  EEPUBLIC.  [1787. 

titioned  that  body,  that  they  might  be  permitted  to  do 
mihtary  duty  as  inhabitants  of"  the  grants,"  and  not  of  New- 
York,  and  asked  commissions  to  that  effect.  Congress  re- 
commended to  them  in  reply,  to  submit  to  New- York,  and 
to  contribute  their  assistance,  but  without  prejudice  to  their 
rights. 

Thus  situated,  on  the  twenty-fourth  of  July,  seventeen 
hundred  and  seventy-six,  independence  having  been  de- 
clared, a  convention  assembled,  which,  after  two  adjourn- 
ments, met  on  the  fifteenth  day  of  January,  seventeen  hun- 
dred and  seventy-seven,  and  proclaimed  themselves  a 
state. 

In  this  altered  position,  Clinton,  recently  elected  govern- 
or of  New- York,  by  withdrawing  the  penalties  of  the  proc- 
lamation, and  by  overtures  to  confirm  the  titles  to  the  lands 
actually  occupied,  sought  to  sooth  their  discontents ;  but 
Allen,  suspecting  the  policy  of  New- York,  with  inflexible 
determination,  immediately  prepared  a  force  to  suppress 
an  organization  which  was  forming  to  oppose  the  recently 
claimed  supremacy  of  his  state.  Clinton,  thus  driven  from 
his  purpose  of  conciUation,  openly  took  the  ground  that 
the  authority  of  Vermont  should  in  no  instance  be  acknow- 
ledged, except  in  the  alternative  of  submission  or  inevita- 
ble ruin.  An  appeal  was  then  made  to  congress,  and  in 
the  mean  time,  an  union  of  the  eastern  and  western  dis- 
tricts of  Vermont  was  consummated. 

All  hope  of  peaceable  adjustment  was  by  this  act  at  an 
end,  and  the  alternative  of  force  was  brought  distinctly 
before  the  councils  of  New- York.  The  umpirage  of  con- 
gress, probably  not  sought  sincerely  by  either  party,  and 
which,  if  the  decision  had  been  against  Vermont,  would 
have  proved  a  nullity,  was  avoided,  until  New- York  at  last 
became  convinced  that  her  claims  must  be  abandoned. 

The  governor,  from  the  course  to  which  he  had  been  so 
conspicuously  committed,  from  the  circumstance  that  the 


^T.  30.]  HAMILTON.  231 

policy  advised  by  Schuyler  had  been  impeached  on  the 
ground  that  he  was  regardless  of  the  rights  of  the  state, 
and  perhaps  from  an  unwillingness  to  impair  his  own  influ- 
ence, partly  derived  from  his  scrupulous  assertion  of  those 
rights,  was  little  inclined  to  assume  the  open  responsibility 
of  surrendering  so  large  a  portion  of  her  territory. 

Under  these  circumstances,  Hamilton,  whose  popularity 
had  risen  so  high  that  he  was  contemplated  as  a  candi- 
date for  the  office  of  governor,  felt  it  his  duty  to  come  for- 
ward, and  on  the  fifteenth  of  March,  introduced  a  bill  "  to 
authorize  the  delegates  of  New- York  in  congress,  to  accede 
to  and  confirm  the  independence  and  sovereignty  of  the 
people  inhabiting  the  district  of  country  commonly  called 
Vermont." 

On  presenting  the  bill,  he  made  a  few  observations,  of 
which  a  brief  sketch  was  published  at  the  time,  from  re- 
collection, giving  an  interesting  view  of  the  urgent  mo- 
tives which  prompted  the  measure.* 

The  great  extent  of  disputed  territory  which  was  own- 
ed by  the  inhabitants  of  the  state  of  New- York,  had  crea- 
ted a  very  powerful  opposition  to  it.  A  meeting  of  those 
having  the  largest  interest  in  the  question  was  held,  and 
after  frequent  consultations,  it  was  determined  to  make  a 
strong  appeal  to  the  legislature.  After  much  deliberation, 
the  opponents  of  the  bill  resolved  to  apply  to  the  assembly 
to  be  heard  by  counsel  at  the  bar  of  the  house,  a  mode  of 
proceeding  which,  though  of  frequent  occurrence  before 
the  British  parliament,  is  believed  to  have  been  entirely 
novel  in  New- York. 

The  gentleman  solicited  to  perform  this  duty  was  Rich- 
ard Harrison,  a  lawyer  and  a  scholar,  distinguished  for  his 
ability,  and  learning,  and  probity.     The  bill  was  objected 

*  Vermont  had  raised  troops,  and  declared,  that  if  no  decision  were  pro- 
nounced by  congress  within  two  months  after  nine  states  had  met,  that  she 
would  resort  to  force. 


232  THE   KEPUBLIO.  [1787. 

to  by  him,  as  unconstitutional,  impolitic,  and  destructive 
to  the  property  of  the  citizens. 

As  the  constitution  had  expressly  declared  the  counties  of 
Cumberland,  Gloucester,  and  Charlotte,  which  embraced 
the  territory  proposed  to  be  ceded,  parts  of  the  state, 
it  was  urged  that  the  legislature  could  not  sever  them  from 
it — that  such  a  power  had  not  been  delegated  to  them — 
that,  if  delegated,  it  must  have  been  to  congress  as  the  ar- 
biters of  peace  and  war — that  such  a  dismemberment 
w^as  only  authorized  by  a  case  of  extreme  necessity,  which 
was  alleged  not  to  exist.  The  presumption  of  danger  from 
subsisting  connections  betw^een  Vermont  and  Canada,  was 
denied.  If  it  existed,  where  was  the  proof?  The  danger 
of  the  example  of  permitting  a  revolt  of  these  counties 
was  enlarged  upon,  and  arguments  were  adduced  to  show 
that  no  public  advantage,  either  in  respect  to  revenue  or 
other  effects,  would  be  derived  from  the  admission  of 
Vermont  into  the  confederacy.  The  address  was  conclu- 
ded with  an  earnest  exposition  of  the  rights  of  the  proprie- 
tors of  these  lands  to  be  indemnified  by  the  state,  and  a 
suggestion  of  the  appointment  of  commissioners  to  treat 
with  the  revolters. 

Hamilton's  reply  is  among  the  most  able  fragments 
of  his  eloquence  which  have  been  preserved.  It  fully 
met  the  objection  to  the  act,  which  was  drawn  from 
that  great  principle  of  the  social  compact,  that  the 
chief  object  of  government  is  to  protect  the  rights  of  indi- 
viduals by  the  united  strength  of  the  community  ;  insisting 
that  the  efforts  of  a  state  were  to  be  "  proportioned  to  its 
abilities,  warranted  by  a  reasonable  expectation  of  a 
favourable  issue,  and  compatible  with  its  eventual  security ; 
but  that  it  was  not  bound  to  enter  into  or  prosecute  enter- 
prises of  a  manifest  rashness  and  folly,  or  which  in  the 
event  of  success  would  be  productive  of  more  mischief 
than  good."     He  then  reviewed  the  pretensions  of  Ver- 


^T.  30.]  HAMILTON.  233 

mont,  and  contrasted  her  power  to  resist  with  that  of 
New- York  to  enforce  these  territorial  claims. 

From  this  topic  he  passed  on  to  an  examination  of  the 
constitutionality  of  the  bill,  asserting  that  the  power  of 
dismembering  the  state,  under  certain  circumstances,  was 
a  necessary  appendage  of  its  sovereignty.  Instances  of 
such  dismemberments  were  referred  to,  and  the  writers  on 
international  law  were  quoted  to  establish  the  right  "  to 
lop  off  a  limb  for  the  good  of  the  body."  From  an  exposi- 
tion of  the  right,  he  proceeded  to  a  review  of  the  policy 
of  this  measure ;  in  the  course  of  which,  he  adduced  facts 
to  show  that  Vermont  had  borne  such  relations  to  Great 
Britain  during  the  revolution  as  to  justify  the  belief,  that, 
should  a  collision  arise,  she  would  receive  aid  from  their 
recent  enemy. 

The  remaining  questions  were,  how  far  New- York  had 
a  right  to  acknowledge  the  independence  of  Vermont,  and 
how  far  she  was  bound  to  make  compensation  to  the  own- 
ers of  the  disputed  territory.  He  urged  the  actual  inde- 
pendence of  Vermont  as  an  answer  to  the  first  inquiry ; 
stated,  that  as  to  territorial  claims,  the  confederacy  pro- 
vided a  tribunal  for  their  adjustment ;  and  insisted  that  the 
state  was  not  under  a  strict  obligation  to  make  compensa- 
tion to  the  losing  proprietors.  "  The  distinction,"  he  saicj, 
"  is  this — if  a  government  voluntarily  bargains  away  the 
rights,  or  dispossesses  itself  of  the  property  of  its  citizens 
in  their  enjoyments,  possessions,  or  power,  it  is  bound  to 
make  compensation  for  that  of  which  it  has  deprived  them ; 
but  if  they  are  actually  dispossessed  of  those  rights  or  that 
property  by  the  casualties  of  war,  or  by  revolution,  the 
state,  if  the  public  good  requires  it,  may  abandon  them  to 
the  loss  without  being  obliged  to  make  reparation." 

"  In  wars  between  states,  the  sovereign  is  never  supposed 
to  be  bound  to  make  good  the  losses  which  the  subject 
sustains  by  the  captures  or  ravages  of  the  enemy,  though 


234  THE  REPUBLIC.  [1787. 

they  should  amount  to  the  destruction  of  his  whole  pro- 
perty ;  and  yet  nothing  can  be  more  agreeable  to  natural 
equity  than  that  those  who  happen  to  be  the  unlucky  vic- 
tims of  the  war  should  be  indemnified  by  the  community." — 
"  But  in  practice  such  a  principle  would  be  found  attended 
with  endless  difficulties  and  inconveniences  ;  and  there- 
fore the  reverse  of  it  has  been  adopted  as  a  general  rule. 
The  true  reason  is,  the  resources  of  nations  are  not  ade- 
quate to  the  reparation  of  such  extensive  losses  as  those 
which  are  commonly  occasioned  by  v^^ars  and  revolutions, 
and  it  would,  therefore,  be  contrary  to  the  general  good 
of  society  to  establish  it  as  a  rule  that  th^^e  is  a  strict  ob- 
ligation to  repay  such  losses.  It  is  better  there  should  be 
individual  sufferings,  than  to  admit  a  rule  which  would 
fetter  the  operations  of  government,  and  distress  the  affairs 
of  the  community.  Generosity  and  policy  may,  in  parti- 
cular instances,  dictate  such  compensations.  Sometimes 
they  have  been  made  by  nations,  but  much  oftener  omitted. 
The  propriety  of  doing  the  one  or  the  other  must  depend 
on  circumstances  in  which  the  ability  of  the  public  will 
always  be  a  primary  consideration." 

As  to  the  examples  derived  from  Roman  magnanimity, 
he  remarked  : — "  Neither  the  manner  nor  the  genius  of 
Rome  are  suited  to  the  republic  or  age  we  live  in.  All 
her  maxims  and  habits  were  military — her  government 
was  constituted  for  war.  Ours  is  unfit  for  it ;  and  our  situa- 
tion, still  less  than  our  constitution,  invites  us  to  emulate 
the  conduct  of  Rome,  or  to  attempt  a  display  of  unprofita- 
ble heroism." — "  One  more  observation  will,"  he  said,  "  con- 
clude what  I  have  to  say.  The  present  situation  of  our 
national  affairs  appears  to  me  peculiarly  critical.  I  know 
not  what  may  be  the  result  of  the  disordered  state  of  gov- 
ernment. I  am,  therefore,  the  more  solicitous  to  guard 
against  danger  from  abroad.  Gentlemen  who  view  our 
public  affairs  in  the  same  light  in  which  they  present  them- 


^T.  30.]  HAMILTON.  235 

selves  to  my  mind,  will,  I  trust,  vote  v^^ith  me  upon  the 
present  occasion.  Those,  on  the  contrary,  who  think  all  is 
well,  who  suppose  our  government  is  full  of  energy,  our 
credit  high,  our  trade  and  finances  flourishing,  will  proba- 
bly see  no  room  for  any  anxiety  about  the  matter,  and 
may  be  disposed  to  leave  Vermont  in  its  present  state.  If 
the  bill  should  fail,  I  hope  they  never  will  have  occasion 
to  regret  the  opportunity  they  have  lost." 

At  the  end  of  this  speech,  the  question  was  taken,  and 
the  bill  recognising  the  independence  of  Vermont,  on  the 
condition  of  her  entering  into  the  confederacy,  passed. 
By  this  well-timed  measure  a  civil  war  was  prevented,  and 
another  state  soon  after  became  a  member  of  the  union. 


CHAPTER    XLV. 

The  vote  of  the  New- York  legislature  on  the  impost 
decided  the  fate  of  the  confederation.  The  only  hope  of 
preserving  an  union  of  the  states  rested  upon  the  issue  of 
the  contemplated  convention. 

The  assembly  of  Virginia  being  the  first  state  legisla- 
ture in  session  after  the  adjournment  of  the  commissioners 
at  Annapolis,  passed  an  act  in  October  for  the  appoint- 
ment of  seven  commissioners  to  meet  at  Philadelphia,  and 
to  join  with  the  deputies  of  the  other  states,  "  in  devising 
and  discussing  such  alterations  as  may  be  necessary  to 
render  the  federal  constitution  adequate  to  the  exigencies 
of  the  times."  New-Jersey  was  the  second  to  act  on  this 
subject,  appointing  commissioners  on  the  twenty-third  of 
November,  with  powers  similar  to  those  previously  grant- 
ed by  her.  Pennsylvania  chose  delegates  with  like  pow- 
ers on  the  thirtieth  of  the  succeeding  month. 

The  report  from  Annapolis  was  submitted  to  congress 
soon  after  its  date  ;  but  a  determined  opposition  being 
made  to  the  proposed  convention,  on  the  ground  of  its 
illegality,  it  was  not  acted  upon  :  thus,  tenacity  of  power 
grows  with  conscious  weakness.  When  the  legislature 
of  Massachusetts  assembled,  Governor  Bowdoin,  still  zeal- 
ous for  this  great  measure,  sent  them  a  message,  in  which, 
after  a  mention  of  the  reasons  that  had  induced  the  meeting 
at  Annapolis  to  adjourn,  he  again  declared  his  conviction 
of  the  importance  of  amending  the  confederation.     Its 


^T.  30.]  HAMILTON.  237 

delegates  to  congress  then  appeared,  and  explained  the  mo- 
tives by  which  they  had  been  actuated. 

King  observed — "  that  the  report  of  the  commercial 
convention  was  before  congress.  Doubts  had  arisen  as 
to  the  mode  of  agreeing  upon  commercial  regulations. 
The  confederation  was  the  act  of  the  people.  No  part 
could  be  altered  but  by  consent  of  congress  and  confirma- 
tion of  the  several  legislatures.  Congress,  therefore,  ought 
to  make  the  examination  first ;  because,  if  it  was  done  by 
a  convention,  no  legislature  could  have  a  right  to  confirm 
it.  Did  any  legislature  sit  for  such  a  purpose  ?  No.  It 
must  be  referred  to  the  people,  and  then  what  degree  of 
assent  was  necessary  to  make  it  an  article  of  the  confede- 
ration ?  Whereas  if  it  was  conducted  agreeably  to  the  con- 
federation, no  such  difficulty  could  exist.  Besides,  if  con- 
gress should  not  agree  upon  a  report  of  a  convention,  the 
most  fatal  consequences  might  follow.  Congress  were, 
therefore,  the  proper  body  to  make  alterations." 

After  adverting  to  the  efforts  of  the  several  states,  he 
remarked,  that  not  more  than  half  a  million  of  dollars  had 
been  received  from  them  in  the  last  two  years ;  that  "  it 
had  become  a  subject  of  admiration  how  government  ex- 
isted ;  that  so  melancholy  was  the  state  of  the  federal 
treasury,  that  all  men  seemed  to  turn  away  from  it  as  an 
evil  which  admitted  of  no  remedy.  If  all  the  states  could 
be  brought  into  the  continental  impost,  this  resource  might 
be  anticipated,  and  the  national  credit  strengthened  in  that 
way ;  but  there  remained  two  states  which  had  not  acced- 
ed to  it — Pennsylvania  and  New- York.  The  situation 
of  the  former  was  known,  and  should  that  state  comply, 
as  there  were  some  grounds  to  hope  and  expect,  the  dan- 
ger of  the  union,  and  the  love  which  New- York  must  enter- 
tain for  the  confederation,  must  induce  their  accession  to 
the  system."  He  closed  his  observations  with  a  strong 
comment  on  the  existing  commotions  in  Massachusetts, 


238  THE  KEPUBLIO.  [1787. 

suggesting  the  probability  that  congress  would  make  exer- 
tions to  suppress  them.  Dana,  another  delegate,  concur- 
red in  these  views.  Their  speeches  were  published,  and 
as  no  measures  were  taken  for  the  appointment,  of  a  dele- 
gation to  Philadelphia,  great  apprehensions  were  enter- 
tained by  the  advocates  of  a  general  convention,  that  their 
efforts  would  be  rendered  fruitless  by  the  dissent  of  this 
leading  member  of  the  confederacy. 

The  hesitation  of  Massachusetts  lent  a  sanction  to  the 
policy  of  the  governor  of  New- York.  There  was  in  the 
constitution  of  that  state  an  energy  the  more  imposing,  as 
contrasted  with  the  weakness  of  the  confederacy.  This 
energy  had  been  increased  by  a  perverted  construction  of 
his  powers,  which  concentrated  the  whole  disposal  of  office 
in  the  chief  magistrate. 

The  new  congress  met  in  the  city  of  New- York  on  the 
second  of  February,  three  months  of  its  term  having  ex- 
pired, and  elected  General  St.  Clair  as  their  president. 
Though  without  prerogative  or  patronage,  that  officer  was 
understood  to  represent  in  his  person  the  majesty  of  the 
'nation.  The  appropriations  and  the  ceremonial  of  his 
household  all  indicated  such  to  have  been  the  intention  of 
congress. 

In  the  same  public  hall  was  seen  Clinton,  exhibiting  all 
the  authority  of  his  office  and  his  influence  over  an  obedi- 
ent legislature.  The  effect  on  the  common  mind  of  with- 
holding those  observances  which  custom  has  connected 
with  high  station,  was  well  understood  by  Clinton:  a 
marked  and  studied  neglect  was  manifested  by  him  towards 
congress,  as  though  he  wished  them  to  be  regarded  rather 
as  intruders  upon  a  sovereign  state,  than  as  the  Council 
OF  THE  Nation.  Yet  he  at  the  same  time  avowed  the 
opinion,  that  the  articles  of  the  confederation  were  equal 
to  the  objects  of- the  union,  or  with  little  alteration  could 
be  made  so,  and  that  the  deputies  to  Annapolis  ought  to 


^T.30.]  HAMILTON.  239 

have  confined  themselves  to  the  expressed  purpose  of  their 
errand. 

Newr-York  gave  the  most  prominent  adversary  and  ad- 
vocate of  the  union.  The  more  obstinate  the  opposition 
of  Clinton  to  enlarged  views  of  the  interests  of  the  Ameri- 
can people,  the  more  zealous  and  determined  v^ere  the  ex- 
ertions of  Hamilton.  All  the  influence  of  his  attractive 
manners  and  generous  hospitality  was  now  seen.  He  min- 
gled daily  with  the  members  of  the  federal  government ; 
his  house  was  their  constamt  resort ;  his  conversation  was 
full  of  the  great  theme  of  a  more  perfect  union  ;  and  with 
earnest  argument  and  wit  he  exposed  the  inconsistency  of 
men  who  refused  to  confer  upon  congress  an  adequate 
fiscal  power,  for  the  reason  that  it  was  a  single  body  with- 
out checks,  and  yet  would  seek  to  thwart  every  effort  to 
constitute  it  differently.  Having  won  Virginia  in  Madison, 
he  broke  the  opposition  of  Massachusetts  in  the  person  of 
King,  observing  to  a  friend,"  I  revolutionized  his  mind." 

Though  a  president  had  been  elected,  nine  states  were 
not  represented  in  congress  until  the  fourteenth  of  Feb- 
ruary. The  next  day  Hamilton  delivered  his  speech  up- 
on the  impost,  in  the  presence  of  many  of  its  members, 
who  saw  the  mute  vote,  rejecting  it,  recorded. 

It  is  the  part  of  genius  to  select  the  moment  to  achieve 
its  high  purposes  ;  and  the  day  after  this  vote,  notice  was 
given  of  an  intended  motion  for  an  instruction  to  congress 
to  recommend  the  call  of  a  convention.  Its  object  was 
stated  to  be  that  "  of  revising  the  articles  of  confedera- 
tion and  perpetual  union,  by  such  alterations  and  amend- 
ments as  a  majority  of  the  representatives  shall  judge 
proper  and  necessary,  to  render  them  adequate  to  the 
preservation  and  government  of  the  union." 

Had  such  power  been  given,  'tis  obvious  how  much 
more  effective  and  complete  the  constitution  would  have 
been. 


240  THE    REPUBLIC.  [1787. 

This  motion  was  brought  forward  on  the  seventeenth, 
and  being  so  modified,  at  the  instance  of  the  leader  of 
Clinton's  party  in  the  assembly,  as  to  omit  the  words,  "  a 
majority,"  and  to  substitute  that  of  "  support"  for  "  govern- 
ment," was  agreed  to.  After  the  interval  of  a  day,  this 
instruction  was  laid  before  the  senate,  and  it  was  ordered 
to  be  postponed.  Of  Clinton's  majority  in  that  branch,  the 
most  prominent  persons  were  Haring  and  Yates.*  Gen- 
eral Schuyler  led  the  opposition.  His  weight  of  character 
would  have  been  insufficient  to  carry  this  important  reso- 
lution, but  for  the  urgent  circumstances  of  the  moment. 
Some  of  the  leaders  of  the  rebellion  in  Massachusetts  had 
taken  refuge  in  New-York.  On  the  day  this  resolution 
was  laid  before  the  senate,  Schuyler  moved  that  a  procla- 
mation should  be  issued  for  their  apprehension.  The  fears 
of  congress  were  also  aroused,  and  on  the  same  day  a  re- 
port then  in  progress,  deferring  the  enlistment  of  federal 
troops,  was  postponed.  Alarmed  for  the  quiet  of  the  state, 
the  senate  on  the  following  day, "  after  considerable  debate, 
by  a  majority  of  one  vote,  concurred  in  the  proposed  in- 
struction." 

To  anticipate  intrigue,  and  gain  the  advantage  of  this 
momentary  alarm,  Hamilton's  report  from  Annapolis  was 
called  up  in  congress  the  next  day.  That  body  was  yet 
undecided.  By  some,  their .  sanction  of  the  convention,  it 
was  supposed,  might  stimulate,  by  others  it  was  alleged 
that  it  would  impede,  the  action  of  the  states.  Some  looked 
with  jealousy  at  a  body  so  formed ;  others  doubted  its  con- 
stitutionality. Amid  this  perplexity,  the  instruction  of 
New- York  was  presented  to  them.  Though  supported  by 
the  votes  of  Massachusetts  and  Virginia,  the  recommen- 
dation it  urged  failed,  and  a  resolution  of  a  member  from 
Massachusetts,  after  being  amended,  was  passed.     It  re- 

*  Abraham  Yates. 


iET.  30.]  HAMILTON.  241 

ferred,  as  a  justification  for  the  proceeding,  to  the  provision 
in  the  articles  of  the  confederation  for  their  alteration  by 
congress,  with  the  assent  of  the  state  legislatures,  and  to 
the  recent  instruction  from  New- York,  and  declaring  that 
it  was  "  the  most  probable  mean  of  establishing  in  these 
states  a  firm  national  government,"  sanctioned  the  contem- 
plated convention.* 

Having  exerted  the  influence  of  New- York  upon  con- 
gress, Hamilton  was  eager  to  derive  the  benefit  of  the  in- 
fluence of  congress  upon  that  state.  Five  days  after,  he 
offered  a  resolution  in  the  assembly,  conforming  to  the  re- 
commendation of  congress,  for  the  appointment  of  five 
commissioners  to  meet  in  convention  at  Annapolis.  This 
resolution  being  agreed  to,  was  laid  before  the  senate  by 
Schuyler.  That  body  did  not  dare  to  reject  it ;  but,  on 
motion  of  Haring,  the  number  was  reduced  from  five  to 
three. 

Yates  then  proposed  to  insert  a  proviso,  that  the  alter- 
ations and  provisions  to  the  articles  of  confederation 
"  should  be  not  repugnant  to,  or  inconsistent  with,  the  con- 
stitution of  this  stater  This  amendment,  so  decisive  of 
the  views  of  Clinton,  was  opposed,  and  was  lost  by  the  vote 
of  the  presiding  officer.f 

The  resolution  then  passed  the  senate,  was  immediately 
concurred  in  by  the  house,  and  on  the  eighth  of  March, 
three  commissioners,  Yates,  Hamilton,  and  Lansing,  were 
appointed — Chief  Justice  Yates  unanimously,  Hamilton 
with  two,  Lansing  with  many  dissenting  voices.  As  the 
rule  of  the  confederation  of  voting  by  states  might  be  adopt- 
ed, and  as  his  colleagues  were  in  the  views  of  Clinton, 
Hamilton  proposed,  near  the  end  of  the  session,  to  add  two 
delegates.     He  observed,  "  I  think  it  proper  to  apprise  the 

*  February  21, 1787. 

t  Senate  Journal  of  New- York,  p.  44-5,  February  28, 1787. 
Vol.  III.— .16 


242  THE  REPUBLIC.  [1787. 

house,  of  the  gentlemen  on  some  of  whom  I  wish  then 
choice  to  fall,  and  with  a  view  to  which  I  bring  forward 
the  present  motion.  Their  abihties  and  experience  in  the 
general  affairs  of  the  country  cannot  but  be  useful  on  such 
an  occasion.  I  mean  Mr.  Chancellor  Livingston,  Mr.  Du- 
ane,  Mr.  Benson,  and  Mr.  Jay ;  the  particular  situation  of 
the  latter,  may  require  an  observation.  His  being  a  ser- 
vant of  congress  might  seem  an  objection  to  the  appoint- 
ment ;  but  surely  this  objection,  if  it  had  any  weight,  would 
apply  with  equal  force  to  a  member  of  that  body.  In  the 
case  of  Mr.  Lansing,  the  two  houses  appear  to  have 
thought  there  was  no  force  in  it,  and  I  am  persuaded  there 
can  be  no  reason  to  apply  a  different  rule  to  Mr.  Jay.  His 
knowledge,  abilities,  tried  integrity,  and  abundant  experi- 
ence in  the  affairs  of  the  country,  foreign  and  domestic, 
will  not  permit  us  to  allow  any  weight  to  any  objection 
which  would  imply  a  want  of  confidence  in  a  character  that 
has  every  title  to  the  fullest  confidence." 

This  motion  prevailed  in  the  assembly,  but  was  defeated 
in  the  senate. 

Hamilton  soon  after  proposed  to  fix,  by  law,  the  sessions 
of  the  legislature  alternately  at  Albany  and  New-York, 
hoping  thus  to  counterpoise  their  local  influences,  and  to 
have  it  in  his  power  to  retain  a  seat  in  the  assembly.  It 
being  known  that  his  professional  engagements  would  not 
permit  him  to  sojourn  at  Poughkeepsie,  that  place  was  se- 
lected for  the  meeting  of  the  next  legislature,  and  he  de- 
clined a  re-election. 

The  states  of  Delaware,  the  Carolinas,  and  Georgia, 
either  not  alive  to,  or  disregarding  the  supposed  constitu- 
tional difficulty,  had  elected  delegates  without  waiting  the 
action  of  congress.  The  address  of  the  Annapolis  con- 
vention was  again  submitted  to  the  legislature  of  Massa- 
chusetts, and  it  was  referred  to  a  committee,  whose  report, 
from  the  pen  of  Samuel  Adams,  was  accepted  on  the  same 


^T.  30.]  HAMILTON.  243 

day  upon  which  the  instructions  of  New-York  were  pro- 
posed to  congress.  The  delegates  were  authorized  to 
"  consider  the  trade  aad  commerce  of  the  United  States, 
and  how  far  a  uniform  system  in  their  commercial  inter- 
course and  regulations  may  be  necessary  for  their  com- 
mon interest  and  permanent  harmony ;  and  also  to  consider 
how  far  it  may  be  necessary  to  alter  any  of  the  articles 
of  the  present  confederation,  so  as  to  render  the  constitu- 
tion of  the  federal  government  more  adequate  to  the  exi- 
gencies of  the  union ;  and  what  further  powers  may  be 
necessary  to  be  vested  in  congress  for  the  common  wel- 
fare and  security,  and  with  them  to  form  a  report  for  that 
purpose :  such  alterations  and  additions  as  may  be  made, 
to  be,  however,  consistent  with  the  republican  spirit  and 
genius  of  the  present  articles  of  confederation,  provided 
that  the  said  commissioners  on  the  part  of  this  common- 
wealth are  hereby  particularly  instructed  by  no  means 
to  interfere  with  the  fifth  article  of  the  confederation, 
which  provides  for  the  annual  election  of  delegates  in 
congress,  with  a  power  reserved  to  each  state  to  recall  its 
delegates,  or  any  of  them,  within  the  year  ;  and  which  also 
provides  that  no  person  shall  be  capable  of  being  a  dele- 
gate for  more  than  three  years  in  any  term  of  six  years, 
or,  being  a  delegate,  shall  be  capable  of  holding  any  office 
under  the  United  States,  for  which  he,  or  any  other  for 
his  benefit,  should  receive  any  salary,  fees,  or  emoluments 
of  any  kind."  This  embarrassing  restriction  was  removed 
in  consequence  of  the  recent  resolution  of  congress,  and, 
on  the  ninth  of  April,  five  deputies  were  commissioned 
with  powers  conforming  to  that  resolution.* 

*  On  the  7th  of  January,  1787,  King,  after  speaking  of  the  calamitous 
events  which  threatened  the  country,  wrote  to  Gerry  from  New- York :  '*  You 
have  seen  the  Virginia  law  for  the  appointment  of  delegates  to  a  convention 
in  Philadelphia  in  May. 

"  General  Washington,  Wythe,  Randolph,  Madison,  and  others,  are  ap- 


24:4  THE   REPUBLIC.  [IW. 

The  legislature  of  Connecticut  assembled  in  May,  The 
proposition  for  a  convention  was  warmly  opposed,  but  was 
sustained  with  ability,  and  prevailed.  Late  in  June,  New- 
Hampshire  also  chose  delegates,  and  thus  all  the  states 
were  represented  with  one  exception,  Rhode  Island  having 
refused  to  co-operate  in  this  great  measure. 

As  the  constitution  of  the  United  States  was  a  deliberate 
act  of  the  people,  and  was  formed  in  reference  to  their  ex- 
perience of  the  evils  of  a  mere  college  of  states,  it  may  be 
interesting  to  advert  briefly  to  the  progress  of  American 
experiment  in  its  advances  towards  that  result. 

The  confederation  of  the  New-England  colonies,  of  the 
year  sixteen  hundred  and  forty-three,  was  the  first  effort 
towards  an  union  of  the  provinces.  It  was  a  league  offen- 
sive and  defensive  to  provide  against  impending  wars, 
committing  to  an  annual  congress  of  two  delegates  from 
each  colony  the  duty  of  deliberating  upon  all  matters  of 
peace  and  common  concern ;  the  results  of  which  delibera- 
tions were  binding  upon  the  confederacy,  if  three-fourths 
of  its  members  concurred. 

This  compact  continued  forty  years;  after  its  dissolu- 

pointed  for  that  convention.  Pennsylvania  has  appointed  Mifflin," the  two 
Morris's,  Fitzsimmons,  and  three  others,  on  the  part  of  that  state.  Hamil- 
ton, who  is  a  member  of  the  assembly  of  this  state,  "will  exert  himself  to  in- 
duce  them  to  send  members ;  Jay,  and  others,  are  opposed  to  the  measure, 
not  alone  because  it  is  unauthorized,  but  from  an  opinion  that  the  result  will 
prove  inefficacious.  General  Washington  will  not  attend.  *  *  *  *  If  Mas- 
sachusetts should  send  deputies,  for  God's  sake  be  careful  who  are  the  men ; 
the  times  are  becoming  critical ;  a  movement  of  this  nature  ought  to  be  care- 
fully observed  by  every  member  of  the  community."  He  subsequently 
wrote  :  "  Do  you  attend  the  legislature  ?  How  will  they  stand  on  the  plan 
of  a  convention  at  Philadelphia  ?  For  a  number  of  reasons,  although  my 
sentiments  are  the  same  as  to  the  legality  of  this  measure,  I  think  we  ought 
not  to  oppose,  but  to  coincide  with  this  project.  Let  the  appointments  be 
lumerous,  and,  if  possible,  let  the  men  have  a  good  knowledge  of  the  con- 
stitutions  and  various  interests  of  the  several  states,  and  of  the  good  and  bad 
qualities  of  the  confederation." — Feb.  11,  1787.     Life  of  Gerry. 


^T.  30.]  HAMILTON.  245 

lion,  congresses  were  held  at  different  times  to  consult 
upon  measures  of  common  interest,  the  most  important  of 
which,  was  that  of  seventeen  hundred  and  fifty-four,  con- 
vened at  the  instance  of  the  parent  country,  to  prepare  for 
the  contingencies  of  a  war  with  France. 

This  congress,  having  more  enlarged  views  than  its  pre- 
decessors, resolved  "  that  an  union  of  the  colonies  was  ab- 
solutely necessary  for  their  preservation,"  and  proposed  a 
plan  of  federal  government,  consisting  of  a  general  coun- 
cil of  delegates  to  be  tri-annually  chosen  by  the  provincial 
assemblies,  and  a  president-general  to  be  appointed  by  the 
crown.  In  this  council  were  to  be  invested,  subject  to 
the  ultimate  negative  of  the  king,  the  rights  of  war  and 
peace  with  the  Indian  tribes,  the  power  of  raising  troops, 
building  forts,  equipping  vessels  of  war,  and  of  making 
laws  and  laying  and  levying  general  duties,  imposts,  and 
taxes  for  those  purposes.  This  projected  union  was  dis- 
approved, not  only  by  the  crown,  but  by  each  colonial 
assembly,  from  mutual  jealousy. 

A  congress  for  the  purpose  of  resisting  Great  Britain, 
assembled,  at  the  instance  of  Massachusetts,  in  seventeen 
hundred  and  sixty-five,  and  digested  a  bill  of  rights,  in 
which  the  sole  power  of  taxation  was  declared  to  reside  in 
their  own  colonial  legislatures.  This  assemblage  was  the 
precursor  of  that  of  seventeen  hundred  and  seventy-four, 
which  concerted  the  opposition  that  terminated  in  the  in- 
dependence of  the  United  States.  Its  authority  was  dis- 
cretionary and  unlimited,  until  defined  by  the  articles  of 
confederation. 

This  succinct  statement  shows  that,  with  the  exception 
of  the  plan  of  seventeen  hundred  and  fifty-four,  which,  had 
it  been  carried  into  effect,  might  have  terminated  in  a  sys- 
tem modelled  upon  that  of  Great  Britain,  no  approxima- 
tion to  a  general  government  had  been  made.  Nothing 
more  had  been  contemplated  beyond  the  delegation  of  au- 


\ 


24:6  THE   REPUBLIC.  [1787. 

thority  for  purposes  of  common  defence,  under  a  joint 
commission,  to  a  general  deputation  of  the  colonies. 

The  momentous  problem  was  now  to  be  solved,  whether 
the  affairs  of  this  extensive  confederacy  were  to  be  carried 
on  by  a  halting  compromise  between  public  duties  and  ab- 
stract state  rights,  until  the  union  should  cease,  or  whether 
its  humiliation  and  sufferings  had  prepared  the  public  mind 
for  the  establishment  of  a  vigorous  and  stable  national 
government. 

As  it  may  be  interesting  hereafter  to  advert  to  the  opin- 
ions of  leading  individuals  at  this  eventful  crisis,  they  are 
succinctly  given. 

Jay  was  the  advocate  of  a  government  of  proper  depart- 
ments :  a  governor-general,  limited  in  his  prerogatives  and 
duration ;  an  upper  and  a  lower  house — the  former  ap- 
pointed for  life,  the  latter  annually ;  the  governor-general, 
(to  preserve  the  balance) — with  the  advice  of  a  council, 
formed  for  that  only  purpose  of  the  great  judicial  officers — 
to  have  a  negative  on  their  acts.  "  Our  government,"  he 
said,  "  should,  in  some  degree,  be  suited  to  our  manners  and 
circumstances,  and  they,  you  know,  are  not  strictly  demo- 
cratical."  He  thought  "  the  more  power  that  was  granted 
to  this  government,  the  better,"  the  states  retaining  only 
so  much  as  may  be  necessary  for  domestic  purposes  ;  all 
their  principal  officers,  civil  and  military,  being  commission- 
ed and  removable  by  the  national  government,  which  was 
to  derive  its  authority  from  the  people,  the  only  source  of 
just  authority."* 

Knox  was  in  favour  of  a  government  of  three  depart- 
ments :  an  assembly,  chosen  for  one,  two,  or  three  years ; 
a  senate  for  five,  six,  or  seven  ;  the  executive  to  be  chosen 
by  the  legislature  for  seven  years,  liable  to  impeachment  and 
trial  by  the  senate  :  all  national  objects  to  be  designed  and 

*  Jay  to  Washington,  January  7, 1787. 


^T.  30.]  HAMILTON.  347 

executed  by  the  general  government,  without  any  refer- 
ence to  the  local  governments,  and  its  laws  to  be  en- 
forced upon  these  governments  by  a  body  of  armed 
men.* 

Madison,  being  a  member  of  Congress  then  sitting  at 
New  York,  daily  impressed  with  the  alarming  state  of 
public  affairs,  is  seen  watching  the  direction  of  public 
opinion. 

On  the  day  that  Hamilton's  resolution  passed  for  the 
appointment  of  commissioners  to  the  proposed  conven- 
tion at  Annapolis,  he  wrote  to  Washington,  stating  the 
hesitation  of  Congress  as  to  this  great  measure  of  relief, 
and  communicating  Hamilton's  success.  "  Congress  have 
been  much  divided  and  embarrassed  on  the  question, 
whether  their  taking  an  interest  in  the  measure  would 
impede  or  promote  it.  On  one  side,  it  has  been  urged, 
that  some  of  the  backward  States  have  scruples  against 
acceding  to  it  without  some  constitutional  sanction ;  on 
the  other,  that  other  States  will  consider  any  interfer- 
ence of  Congress  as  proceeding  from  the  same  views 
which  have  hitherto  excited  their  jealousies.  A  vote  of 
the  legislature  here,  entered  into  yesterday,  will  give  some 
relief  in  the  case.]  They  have  instructed  their  delegates 
in  Congress  to  move  for  the  recommendation  in  question. 
The  vote  was  carried  by  a  majority  of  one  only  in  the 
Senate,  and  there  is  room  to  suspect,  that  the  minority 
were  actuated  by  a  dislike  to  the  substance,  rather  than 
by  any  objections  against  the  form  of  the  business.  A 
large  majority  in  the  other  branch,  a  few  days  ago,  put 
a  definitive  veto  on  the  report.  It  would  seem  as  if  the 
politics  of  this  state  are   directed  by  individual  interests 


*  Knox  to  "Washington,  January  14,  1787. 
f  New  York,  February  21,  1787. 


248  THE    REPUBLIC.  [1787. 

and  plans  which  might  be  incommoded  by  the  control  of 
an  efficient  federal  government."  * 

Three  days  after  the  appointment  of  Hamilton  and  of 
two  other  commissioners  to  this  convention,  Madison 
informed  Jefferson  of  it.  Eight  days  later,  he  again 
wrote  to  him,  that  Washington  "  prudently  withheld  his  de- 
cision as  to  attending  the  convention.  What  may  be  the 
result  of  this  pohtical  experiment  cannot  be  foreseen.     The 

*  Yet  in  his  Debates — vol.  ii.,  588,  he  records  this  statement  purporting  to 
be  on  the  same  day,  Wednesday,  I'ebiTiary  21st.  "  Subsequent  to  the  report," 
(that  of  Congress,)  "  the  delegates  from  New  York  received  instructions  from  its 
legislature  to  move  in  Congress  for  a  recommendation  of  a  convention ;  and 
those  from  Massachusetts  had,  it  appeared,  received  information  which  led 
them  to  suppose  it  was  becoming  the  disposition  of  the  legislature  of  that 
State  to  send  deputies  to  the  proposed  convention,  in  case  Congress  should 
give  their  sanction  to  it.  There  was  reason  to  believe,  however,  from  the  lan- 
guage of  the  instruction  from  New  York,  that  her  object  was  to  obtain  a  new 
convention,  under  the  sanction  of  Congress,  rather  than  to  accede  to  the  one 
on  foot ;  or  perhaps,  by  dividing  the  plans  of  the  States  in  their  appointments, 
to  frustrate  all  of  them.  The  latter  suspicion  is  in  some  degree  countenanced 
by  their  refusal  of  the  impost  a  few  days  before  the  instruction  passed,  and 
by  their  other  marks  of  an  unfederal  disposition.  The  delegates  from  N'ew 
York,  in  consequence  of  their  instructions,  made  the  motion  on  the  Journal  to 
postpone  the  Report  of  the  Committee,  in  order  to  substitute  their  own  propo- 
sition. Those  who  voted  against  it  considered  it  as  liable  to  the  objection 
above  mentioned.  Some  who  voted  for  it,  particularly  Mr.  Madison,  considered 
it  susceptible  of  amendment  when  brought  before  Congress ;  and  that  if  Con- 
gress interposed  in  the  matter  at  all,  it  would  be  well  for  them  to  do  it  at  the 
instance  of  a  State,  rather  than  spontaneously.  This  motion  being  lost,  Mr 
Dane  from  Massachusetts,  who  was  at  bottom  unfriendly  to  the  plan  of  a  con- 
vention, and  had  dissuaded  his  State  from  coming  into  it,  brought  forward  a 
proposition,  in  a  different  form,  but  liable  to  the  same  objection  with  that 
from  New  York."  He  adds  that  this  resolution  was  amended  as  stated  in  the 
Journal.  Thus  Madison  is  seen  contradicting  his  reported  debates  by  his 
own  letter  to  Washington,  both  purporting  to  be  of  the  same  date.  The  ob- 
jects of  this  reported  statement  are  obvious — 1,  to  deprive  Hamilton  of  the 
merit  of  prompting  the  action  of  Congress,  by  imputing  to  him  a  purpose  the 
opposite  of  the  real  one. — 2,  to  exempt  himself  from  the  responsibility  of  voting 
for  the  motion  of  Hamilton  in  all  its  breadth  and  extent. 


^T.  30.]  .  HAMILTON.  ^^.<.^49' 

differences  which  present  themselves  are,  on  one  side, 
almost  sufficient  to  dismay  the  most  sanguine  ;  whilst,  on 
the  other  side,  the  most  timid  are  compelled  to  encounter 
them  by  the  mortal  diseases  of  the  existing  constitution. 
I  think  myself,  that  it  will  be  expedient,  in  the  first  place, 
to  lay  the  foundation  of  the  new  system  in  such  a  ratifica- 
tion of  the  people  themselves  of  the  several  States,  as 
will  render  it  clearly  paramount  to  their  authorities. 
Second,  over  and  above  the  positive  power  of  regulating 
trade,  and  sundry  other  matters  on  which  uniformity  is 
proper, — to  arm  the  federal  head  with  a  negative  in  all 
cases  whatever  on  the  local  legislatures.  Without  this 
defensive  power,  experience  and  reflection  have  satisfied 
me,  that  however  ample  the  federal  powers  may  be  made, 
or  however  clearly  their  boundaries  may  be  delineated  as 
proper,  they  will  be  easily  and  continually  baffled  by  the 
legislative  sovereignties  of  the  States.  In  order  to  render 
the  exercise  of  such  a  negative  prerogative  convenient,  an 
emanation  of  it  must  be  vested  in  so?jie  set  of  7nen  within 
the  several  States,  so  far  as  to  enable  them  to  give  a 
temporary  sanction  to  laws  of  immediate  necessity.  Third, 
to  change  the  principle  of  representation  in  the  federal 
system — giving  a  representation  in  proportion  to  numbers. 
Fourth,  to  organize  the  federal  powers  in  such  a  manner 
as  not  to  blend  together  those  which  ought  to  be  exercised 
by  separate  departments."  Jefferson  replied  :  *  "  The 
negative  proposed  to  be  given  them  on  all  the  acts  of  the 
several  legislatures,  is  now,  for  the  first  time,  suggested 
to  my  mind.  Prima  facie,  I  do  not  like  it.  It  fails  in 
an  essential  character,  that  the  hole  and  the  patch  should 
be  commensurate.  But  this  proposes  to  mend  a  small 
hole,  by  covering  the  whole  garment.  Not  more  than 
one  out  of  one  hundred  state  acts  concern  the  Confederacy. 

*  Paris,  June  20,  1787. 


250  THE   REPUBLIC.     .  [1787. 

This  proposition,  then,  in  order  to  give  them  one  degree 
of  power,  which  they  ought  to  have,  gives  them  ninety- 
nine  more,  which  they  ought  not  to  have,  upon  a  presump- 
tion, that  they  will  not  exercise  the  ninety-nine.  But  upon 
every  act  there  will  be  a  preliminary  question.  Does  this  act 
concern  the  Confederacy  ?  And  was  there  ever  a  pro- 
position so  plain,  as  to  pass  Congress  without  a  debate  ?  " 

Edmund  Randolph,  then  Governor  of  Virginia,  wrote 
Madison,  on  the  twenty-seventh  of  March,  from  Rich- 
mond :  "  At  present,  I  conceive — First.  That  the  altera- 
tions should  be  grafted  on  the  old  confederation.  Second. 
That  what  is  best  in  itself,  not  merely  what  can  be  ob- 
tained from  the  assemblies,  be  adopted.  Third.  That  the 
points  of  power  to  be  granted,  be  so  detached  from  each 
other,  as  to  permit  a  state  to  reject  one  part  without 
mutilating  the  whole.  With  these  objects,  ought  not  some 
general  propositions  to  be  proposed  for  feehng  the  pulse 
of  the  convention  on  the  subject  at  large  ?  Ought  not  an 
address  to  accompany  the  new  constitution  ?  " 

On  the  eighth  of  April,  Madison  answered  :  "  I  think 
with  you  that  it  will  be  well  to  retain  as  much  as  possible 
of  the  old  confederation,  though  I  doubt  whether  it  may 
not  be  best  to  work  the  valuable  articles  into  the  new 
system,  instead  of  grafting  the  latter  in  the  former."  He 
agreed  with  him  that  no  material  sacrifices  should  be  made 
to  temporary  or  local  systems ;  approved  of  an  address, 
but  doubted  the  policy  of  presenting  "  the  several  parts 
of  the  reformation  in  so  detached  a  manner  to  the  States," 
indicating  the  probable  effect.  "  In  truth,  my  ideas  of 
a  reform  strike  deeply  at  the  present  confederation,  and 
lead  to  such  a  systematic  change  that  they  scarcely  admit 
of  the  expedient." 

"  I  hold  it  for  2i  fundamental  point,  that  an  individual 
independence  of  the  States  is  utterly  irreconcileable  with 


^T.  30.]  HAMILTON.  261 

the  idea  of  an  aggregate  sovereignty.  1  think,  at  the 
same  time,  that  a  consoHdation  of  the  States  into  a  single 
republic  is  not  less  unattainable  than  it  would  be  inex- 
pedient. Let  it  be  tried,  then,  whether  any  middle  ground 
cannot  be  taken  which  will  support  a  due  supremacy  of 
the  national  authority,  and  leave  in  force  the  local  author- 
ities, so  far  as  they  can  be  subordinately  useful."  The 
mode  proposed  was — "  A  proportionate  representation  of 
the  States  to  their  numbers  ;  the  national  government  to 
be  armed  with  a  positive  and  complete  authority  in  all 
cases  where  uniform  measures  are  necessary,  retaining 
the  power  it  now  possesses." — "  A  negative  in  all  cases 
whatsoever  on  the  legislative  acts  of  the  States  as  the  king 
of  Great  Britain  heretofore  had.  This  I  conceive  to  be 
essential,  and  the  least  positive  abridgement  of  the  state 
sovereignties.  Without  such  a  defensive  power,  every  posi- 
tive power  that  can  be  given  on  paper  will  be  unavailing. 
It  will  also  give  internal  stabihty  to  the  States." — The  ex- 
tension "  of  this  national  supremacy  to  the  judiciary  de- 
partment. A  legislature  of  two  branches — one  to  be 
chosen  by  the  legislatures,  or  the  people  at  large ; — the 
Qther  of  a  more  select  number,  holding  their  appointments 
for  a  longer  time,  going  out  in  rotation.  Perhaps  the 
negative  on  the  state  laws  may  be  most  conveniently 
lodged  in  this  branch.  A  Council  of  Revision  may  be 
expedient,  including  the  great  ministerial  officers.  A 
national  executive  will  also  be  necessary.  I  have  scarcely 
ventured  to  form  my  own  opinion  yet,  either  of  the  manner 
in  which  it  ought  to  be  constituted,  or  of  the  authority 
with  which  it  ought  to  be  clothed." 

The  same  opinions  were  disclosed  to  Washington, 
with  this  additional  observation :  "  The  right  of  Coercion 
should  be  expressly  declared.  With  the  resources  of 
commerce   in   hand,   the   national    administration   might 


252  THE   EEPUBLIC.  [1787. 

always  find  means  of  exerting  it  either  by  sea  or  land. 
But  the  difficulty  and  awkwardness  of  operating  by  force 
on  the  collective  will  of  a  state,  render  it  particularly  de- 
sirable that  the  necessity  of  it  might  be  precluded.  Per- 
haps the  negative  on  the  laws  might  create  such  a  mutual- 
ity of  dependence  between  the  general  and  particular 
authorities,  as  to  answer  this  purpose  ;  or  perhaps  some 
defined  objects  of  taxation  might  be  submitted,  along  with 
commerce,  to  the  general  authority.  To  give  the  new 
system  its  proper  validity  and  energy,  a  ratification  must 
be  obtained  from  the  people,  and  not  merely  from  the 
ordinary  authority  of  the  legislatures.  This  will  be  the 
more  essential,  as  inroads  on  the  existing  constitutions  of 
the  States  will  be  unavoidable." 

In  the  previous  pages,  Hamilton's  progressive  opin- 
ions on  this  subject  have  been  shown,  in  his  letters  to 
Morris  and  Duane. 

His  fear  was  of  partial  combinations  among  the  States 
subversive  of  the  general  one.  "  There  is  a  wide  diflference," 
he  observed,  "  between  our  situation,  and  that  of  an  em- 
pire under  one  simple  form  of  government,  distributed  into 
counties,  provinces,  or  districts,  which  have  no  legislatures, 
but  merely  magistratical  bodies  to  execute  the  laws  of  a 
common  sovereign.  There  the  danger  is  that  the  sovereign 
will  have  too  much  power,  and  oppress  the  parts  of  which 
it  is  composed.  In  our  case,  that  of  an  empire  composed 
of  confederative  States,  each  with  a  government  com- 
pletely organized  within  itself,  having  all  the  means  to 
draw  its  subjects  to  a  close  dependence  on  itself,  the  dan- 
ger is  directly  the  reverse."  After  indicating  the  neces- 
sity of  giving  to  the  Confederacy  perpetual  funds,  he 
mentions  "  the  want  of  a  proper  executive,"  that "  congress 
is  properly  a  deliberative  corps,  and  forgets  itself  when  it 
attempts  to  play  the  executive."  His  remedy  was  a  con- 
vention of  all  the  States,  with  full  authority  to  conclude 


^T.  30.]  HAMILTON^.  253 

finally  upon  a  general  confederation.  This  confederation 
to  have  complete  sovereignty,  except  "  as  to  that  part  of 
the  internal  police  which  relates  to  the  rights  of  property 
and  life  among  individuals,  and  to  raising  money  by  internal 
taxes." — "  It  is  necessary,"  he  said,  "  that  every  thing  belong- 
ing to  this,  should  be  regulated  by  the  state  legislatures." 

The  project  of  appointing  a  supreme  dictator  and  vice- 
dictator,  evidently  excited  his  apprehensions.  He  then 
saw  the  necessity  of  a  radical  change  in  the  political  struc- 
ture, and  in  his  letter  to  Morris  of  the  following  year,  re- 
newing his  suggestion  of  a  convention,  he  states  the  ne- 
cessity of  a  final  and  irrevocable  amendment  "  of  the  pres- 
ent futile  and  senseless  confederation."  The  numbers  of 
the  Continentalist  of  the  same  period,  indicate  similar 
views.  He  there  proposes  to  give  to  congress  the  collec- 
tion and  appropriation  of  a  national  revenue. 

The  next,  though  not  fully  developed  exposition  of  his 
opinions,  is  seen  in  his  resolutions  of  seventeen  hundred 
and  eighty-three.  These  contemplated  "  a  federal  govern- 
ment, with  eflfiicacious  authority  in  all  matters  of  general 
concern,"  having  its  legislative,  executive,  and  judicial  au- 
thorities deposited  in  distinct  and  separate  hands — "  a  fed- 
eral judicature,"  with  appellate  jurisdiction,  "  taking  cog- 
nizance of  all  matters  of  general  concern  in  the  last  resort, 
especially  those  in  which  foreign  nations  and  their  subjects 
are  interested." 

Though  these  resolutions  were  "  abandoned  for  want  of 
support"  in  congress,  they  could  not  be  without  influence 
on  some  of  its  members.  That  they  had  such  an  influ- 
ence, is  to  be  inferred  from  the  fact  that  Higginson  was 
prominent  in  urging  Massachusetts  to  meet  in  general  con- 
vention, and  that  Madison,  though  restrained  by  an  appre- 
hension of  the  influence  of  some  powerful  opponent  in 
Virginia,  individually  wished  that  no  objections  should  be 
presupposed  there. 


254  THE  REPUBLIC.  [178T. 

Washington  would  have  vested  congress  with  absolute 
powers  in  all  matters  relative  to  the  great  purposes  of  war 
and  of  general  concern,  reserving  to  the  states  only  those 
of  local  and  internal  polity.  "  I  do  not  conceive "  he 
said,*  "  that  we  can  exist  long  as  a  nation,  w^ithout  having 
lodged  somewhere  a  power  which  will  pervade  the  whole 
union  in  as  energetic  a  manner  as  the  authority  of  the 
state  governments  extend  over  the  several  states.  The 
commotions  in  the  eastern  states  exhibit  a  melancholy 
proof  of  what  our  transatlantic  foe  has  predicted ;  and  of 
another  thing,  which  is  still  more  to  be  regretted,  and  is 
yet  more  unaccountable,  that  mankind,  when  left  to  them- 
selves, are  unfit  for  their  own  government.  Influence  is 
not  government.  Thirteen  governments,  pulling  against 
each  other,  and  all  tugging  at  the  federal  head,  will  soon 
bring  ruin  on  the  whole ;  whereas,  a  liberal  and  energetic 
constitution,  well  checked,  and  well  watched,  to  prevent 
encroachments,  might  restore  us  to  that  degree  of  re- 
spectability and  consequence  to  which  we  had  the  fairest 
prospect  of  attaining." — "  I  confess  that  my  opinion  of 
public  virtue  is  so  far  changed,  that  I  have  my  doubts 
whether  any  system,  without  means  of  coercion  in  the 
sovereign,  will  enforce  due  obedience  to  the  ordinances 
of  a  general  government ;  without  which,  every  thing 
else  fails. 

"  Persuaded  I  am,  that  the  primary  cause  of  all  our  dis- 
orders lies  in  the  different  state  governments,  and  in  the 
tenacity  of  that  power  which  pervades  their  whole  sys- 
tems." 

These  sentiments  of  Washington  and  Hamilton  were 
those  of  men  familiar  with  the  practical  operation  of  the 
existing  system,  in  war  and  in  peace ;  who  had  seen  and 
felt  the  evil  of  conflicting  sovereignties,  and  whose  re- 

*  August  15,  1786. 


^T.  30.]  HAMILTON.  255 

searches  and  reflections  had  compelled  them  to  distrust 
federate  institutions.*  Though  the  opinions  which  have 
been  quoted  were  those  of  men  of  great  weight  in  the 
most  important  members  of  the  union,  yet  they  were  not 
general.  The  smaller  states,  while  they  sought  the  pro- 
tection of  a  more  efficient  general  government,  would  re- 
pel any  proposal  to  relinquish  that  equal  suffrage  in  the 
public  councils,  which  they  had  extorted  from  their  asso- 
ciates amid  the  pressure  of  the  revolution.  In  the  large 
states,  leading  individuals,  who  did  not  desire  a  dissolution 
of  the  confederacy,  would  prefer  an  increase  of  the  rela- 
tive influence  of  their  states,  but  were  embarrassed  as  to 
the  quantity  of  power  to  be  conferred.  Both  would  in- 
cline, as  a  middle  point,  to  a  constitution  of  enumerated 
powers,  limited  to  those  primary  objects,  trade  and  reve- 
nue, to  which  they  had  found  their  separate  legislation  in- 
competent. 

Amid  great  diversity  of  opinions  and  interests,  the 
federal  convention  met  at  Philadelphia  on  the  fourteenth 
of  May,  seventeen  hundred  and  eighty-seven,  when,  a 
majority  of  states  not  being  represented,  it  adjourned  to 
the  twenty-fifth  of  that  month. 

On  that  day,  nine  states  having  appeared.  General  Wash- 
ington was,  on  motion  of  Robert  Morris,  chosen  to  pre- 
side, and  Major  Jackson,  at  the  instance  of  Hamilton,  was 
elected  secretary.  A  committee,  of  Wythe,  of  Virginia, 
Charles  Pinckney,  of  South  Carolina,  and  Hamilton,  were 
appointed  to  frame  the  standing  rules  for  its  proceedings. 
These  required  seven  states  to  constitute  a  quorum ;  that 
all  questions  were  to  be  decided  by  the  greater  number  of 
states  fully  represented,  and  that  all  committees  were  to  be 
appointed  by  ballot.  It  is  to  be  remarked,  that  no  pro- 
vision was  made  in  the  first  instance  for  secrecy  of  debate  : 

*  See  Washington's  Writings,  vol.  ix.     Appendix,  No.  iv. 


256  THE  EEPUBLIC.  [1787. 

additional  rales  were  adopted  on  motion  of  Pierce  Butler, 
which  prescribed  "  that  no  copy  of  any  entry  on  the  jour- 
nal be  taken  without  the  leave  of  the  house  ;"  that  it  should 
be  inspected  by  members  only,  and  "  that  nothing  spoken 
in  the  house  be  printed,  or  otherwise  published  or  commu- 
nicated, without  leave."  So  sedulous  was  the  convention 
as  to  the  first  of  these  restrictions,  that  it  appears  by  Madi- 
son's report  of  the  debates  of  the  twenty-fifth  of  July, 
seventeen  hundred  and  eighty-seven,  that  a  motion  that 
the  members  of  the  house  might  take  copies  of  the  resolu- 
tions which  had  been  agreed  to,  was  negatived.  As  to 
the  last,  the  rule  was  never  rescinded.*  In  reference  Jo  it, 
a  reply,  published  by  Hamilton  in  seventeen  hundred  and 
ninety-two,  to  anonymous  charges,f  containing  a  misrepre- 
sentation of  his  course  in  the  convention,  and  stated  by 
him  "  to  be  of  a  nature  to  speak  the  malignity  and  turpi- 
tude of  the  accuser,  denoting  clearly  the  personal  enemy 
in  the  garb  of  the  political  opponent,"  mentions  "  that  the 
deliberations  of  the  convention,  which  were  carried  on  in 
private,  were  to  remain  unmolested.  And  every  prudent 
man,"  he  observed,  "  must  be  convinced  of  the  propriety 
of  the  one  and  the  other.  Had  the  deliberations  been 
open  while  going  on,  the  clamours  of  faction  would  have 
prevented  any  satisfactory  result.  Had  they  heen  after- 
wards disclosed,  much  food  would  have  been  afforded  to 
inflammatory  declamation.  Propositions,  made  without 
due  reflection,  and  perhaps  abandoned  by  the  proposers 
themselves  on  more  mature  reflection,  would  have  been 
handles  for  a  profusion  of  ill-natured  accusation." 

Washington  gave  as  a  reason  "  for  not  relating  any  of 
the  proceedings,  that  the  rules  of  the  convention  prevented 
Mm.     And  nothing,"  he  said,  "  being  suffered  to  transpire, 

*  "  All  the  proceedings  during  the  treaty  "  of  union  between  England  and 
Scotland  were  "  kept  secret." — Smollett's  Queen  Anne. 

t  In  the  National  Gazette,  established  by  Jefferson  and  Madison. 


iEx.  80.]  .     HAMILTON.  257 

no  minutes  of  the  proceedings  have  been^  or  will  be  inserted 
in  this  diary."* 

This  solemn  obHgation,  which  no  act  of  any  other  body 
could  annul,  was,  until  recently,  sacredly  adhered  to  by 
every  member  of  the  convention  except  Luther  Martin, 
who  did  not  disclose  the  opinions  of  individuals,  but 
gave  a  statement  of  the  proceedings  to  the  legislature  of 
Maryland.  Notes  were  taken  by  Chief  Justice  Yates, 
who,  "  though  often  solicited,  refused  to  permit  them  to  be 
published,  not  only  because  they  were  originally  not  writ- 
ten for  the  public  eye,  but  because  he  conceived  himself 
under  honourable  obligations  to  withhold  their  publication  ""f 

Madison,  it  appears,  regarded  this  obligation  in  a  differ- 
ent light.  "  The  curiosity,"  he  observes,  "  I  had  felt  (as  to 
the  most  distinguished  confederacies  of  antiquity,)  "  deter- 
mined me  to  preserve,  as  far  as  I  could,  an  exact  account 
of  what  might  pass  in  the  convention  while  executing  its 
trust ;  with  the  magnitude  of  which  I  was  duly  impressed, 
as  I  was  by  the  gratification  promised  to  future  curiosity, 
by  an  authentic  exhibition  of  the  objects,  the  opinions, 
and  the  reasonings  from  which  the  new  system  of  govern- 
ment was  to  receive  its  peculiar  structure  and  organiza- 
tion." He  adds,  that  "with  a  very  few  exceptions  the 
speeches  were  neither  furnished,  nor  revised,  nor  sanc- 
tioned by  the  speakers.  Among  these  exceptions,  he  in- 
cludes the  speech  of  Hamilton,  "  who,"  he  says,  "  happen- 
ed to  call  on  me  when  putting  the  last  hand  to  it,  and  who 
acknowledged  its  fidelity,  without  suggesting  more  than  a 
very  few  verbal  alterations,  which  were  made."J 

*  9  Washington,  541.    * 

t  Secret  Proceedings,  p.  306. — These  were  copied  by  Lansing,  disposed 
of  by  the  widow  of  Yates,  and  published  by  Genet  (the  former  minister  of 
France)  in  182L 

X  Debates  in  the  Federal  Convention,  v.  2,  p.  717. — Madison  survived 
every  member  of  that  body. 

Vol.  III.— 17 


258  THE  REPUBLIC.  [1787. 

Believing,  nevertheless,  that  no  "  authentic  exnibition" 
of  these  debates  exists,  a  full  view  of  the  formation  of  the 
constitution  will  not  be  attempted.  Contemporary  expo- 
sitions of  it,  minutes  taken  by  Hamilton  in  the  course  of 
and  for  the  purpose  of  debate,  which  will  be  only  resorted 
to  as  far  as  absolutely  necessary  for  his  vindication,  public 
statements  extorted  from  him  in  self-defence,  and  the 
notes  of  Yates  previously  referred  to,  are  the  only  mate- 
rials at  command.  To  cull  from  these  such  facts  as  may 
enable  some  faint  judgment  to  be  formed  of  Hamilton's 
agency  in  framing  the  constitution,  or  in  imparting  to  it 
its  character,  of  his  position  in  the  convention,  of  his  theo- 
retical opinions,  plans,  and  propositions,  will  be  the  sole 
aim  of  the  following  narrative. 

On  the  twenty-ninth  of  May,  after  some  preliminary  re- 
marks, fifteen  propositions,  concerning  the  American  con- 
federation and  the  establishment  of  a  national  government 
were  laid  before  the  convention  by  Edmund  Randolph, 
then  governor  of  Virginia.* 

It  then  decided  to  resolve  itself  into  a  committee  of  the 
whole  on  the  succeeding  day  for  their  consideration,  when 
Charles  Pinckney,f  of  South  Carolina,  addressed  the  con- 
vention. After  depicting  the  alarming  situation  of  the 
country,  a  situation  to  be  attributed  "  to  the  weakness  and 
impropriety  of  a  government  founded  on  mistaken  princi- 
ples, incapable  of  combining  the  various  interests  it  is  in- 
tended to  unite  and  support,  and  destitute  of  that  force  and 
energy  without  which  no  government  can  exist,  he  pro- 
ceeded to  indicate  the  principal  defects  of  the  confedera- 

*  Madison,  715,  says :  "  The  resolutions  introduced  by  Governor  Randolph 
were  the  result  of  a  consultation  on  the  subject,  with  an  understanding  that 
they  left  all  the  deputies  entirely  open  to  the  lights  of  discussion,  and  free  to 
concur  in  any  alterations  and  modifications  which  their  reflections  and  judg. 
ments  might  approve." 

t  Not  General  Charles  Cotesworth  Pinckney. 


-^T.  30.J  HAMILTON.  259 

tion — defects  so  great  that  he  was  convinced  that  it  would 
be  politic  in  the  convention  to  determine  that  they  will  con- 
sider the  subject  de  novo ;  that  they  will  pay  no  further 
attention  to  the  confederation  than  to  consider  it  as  good 
materials,  and  view  themselves  at  liberty  to  form  and 
recommend  such  a  plan  as,  from  their  knowledge  of 
the  temper  of  the  people,  and  the  resources  of  the  states, 
will  be  most  likely  to  render  our  government  firm  and  uni- 
ted." 

With  these  prefatory  remarks,  Pinckney  submitted  his 
plan  of  government.  He  then  proceeded  to  comment  upon 
it.  From  these  comments  it  appears  that  he  contemplated 
a  legislature  of  two  branches :  the  first  to  consist  of  dele- 
gates chosen  by  the  states,  in  numbers  according  to  their 
relative  importance,  to  vote  per  capita ;  a  senate,  elected  by 
the  house  of  delegates,  upon  "proportionable  principles, 
which,  though  rotative,  will  give  that  body  a  suflicient  de- 
gree of  stability  and  independence  ;"  each  class  to  be  elected 
for  four  years.  The  executive  to  be  appointed  septenni- 
ally,  but  re-eligible.  If  septennial  appointments  were  sup- 
posed to  be  too  frequent,  Pinckney  stated  that  he  would 
have  "  no  objection  to  elect  him  for  a  longer  term."  He 
was  to  have  a  council  of  revision,  and  among  his  other 
powers  "  that  of  convening  and  proroguing  the  legislature 
upon  special  occasions ;"  and  of  appointing  "  all  officers 
except  judges  and  foreign  ministers."  A  supreme  judiciary 
to  be  instituted  by  congress,  to  take  cognizance  of  all  offi- 
cers of  the  United  States,  of  questions  arising  on  the  law 
of  nations,  the  construction  of  treaties,  and  of  the  regula- 
tions of  congress  in  pursuance  of  their  powers,  and  also 
courts  of  admiralty  in  the  several  states. 

Congress  were  to  have  the  exclusive  powers  then  vested 
in  the  confederation,  and  also  the  regulation  of  commerce  ; 
the  raising  money  by  impost,  and  of  troops  in  peace  and 
war ;  with  a  proviso  that,  as  to  all  cases  which  then  re- 


260  THE  REPUBLIC.  [1787. 

quired  the  assent  of  nine  states,  and  as  to  acts  regulating 
trade,  and  for  levying  an  impost  or  raising  troops,  "  the  as- 
sent of  two-thirds  of  both  houses  should  be  required." 

After  this  exposition  of  Pinckney's  plan,*  it  was  resolved 
that  the  Virginia  propositions  should  with  it  be  referred  to 
a  committee  of  the  whole  convention. 

The  discussion  of  the  first  six  occupied  two  days.  The 
result  was  a  declaration  that "  a  national  government  ought 
to  be  established,  consisting  of  a  supreme  legislative,  judi- 
ciary, and  executive  ;"  all  the  states  concurring  except  Con- 
necticut and  New- York — Hamilton  voting  in  favour  of  the 
proposition.  The  qu^tion  whether  the  right  of  suffrage  in 
the  national  legislature  ought  to  be  apportioned  to  the  quo- 
tas of  contribution,  or  to  the  number  of  free  inhabitants, 
(Hamilton  urging  the  latter,)  was  postponed.  Pennsylva- 
nia alone  opposed  the  division  of  the  legislature  into  two 
branches.  A  majority  were  in  favour  of  the  election  of 
the  first  branch  by  the  people,  as  had  been  the  practice  of 


*This  statement  is  derived  from  a  pamphlet  published  in  1788,  entitled, 
"  Observations  on  the  plan  of  government  submitted  to  the  federal  conven- 
tion, by  Mr.  Charles  Pinckney." — No.  2687  of  select  tracts  of  New- York  His- 
torical  Society.  A  comparison  of  the  plan  in  the  Observations,  with  that  on 
the  ioumals,  furnished  by  Pinckney ,  shows  great  dissimilarity.  The  "obser- 
vations"  have  no  reference  to  an  election  of  the  house  of  representatives  by  the 
people.  On  the  contrary,  it  will  be  perceived  by  the  journal  of  the  sixth  of  June, 
that  Pinckney  proposed  their  election  by  the  state  legislatures.  The  power  of 
appointment  is  given,  in  the  "  observations,"  to  the  executive,  without  the  con- 
sent  of  the  senate,  which  is  required  by  the  journal  plan.  They  propose  a  coun- 
cil of  revision,  not  contained  in  the  journal  plan ;  gave  the  decision  of  territo- 
rial  disputes  to  a  court  constituted  as  directed  in  the  confederation.  The  plan 
on  the  journal  vests  it  in  the  senate.  The  journal  plan  requires  the  assent  of 
two-thirds  of  the  members  of  congress  present  only  in  the  enactment  of  laws 
regulating  commerce.  The  ♦'  observations"  speak  of  seventeen  articles.  The 
journal  plan  contains  sixteen.  The  "  observations"  refer  to  the  eighth  article 
as  relating  to  the  post  office.  The  eighth  article  of  the  journal  plan  relates 
solely  to  the  executive  power.  The  numerical  discrepancy  occurs  in  other 
instances. 


^T.  30.]  HAMILTON.  261 

Rhode  Island  and  Connecticut  under  the  confederation. 
The  proposition  that  the  second  should  be  chosen  by  the 
first  branch,  out  of  persons  appointed  by  the  state  legisla- 
tures, was  rejected  ;  and  it  was  declared  that  its  members 
should  be  elected  by  the  state  legislatures.  The  sixth  re- 
solve gave  to  each  branch  the  right  of  originating  acts,  and 
conferred  on  the  national  legislature  the  legislative  rights 
vested  in  congress  by  the  confederation,  and  empowered  it 
to  legislate  in  all  cases  to  which  the  separate  states  were 
incompetent,  or  in  which  the  harmony  of  the  United  States 
may  be  interrupted  by  the  exercise  of  individual  legislation, 
and  to  negative  all  laws  of  the  states  contravening,  in  its 
opinion,  the  articles  of  union,  or  any  treaties  subsisting 
under  the  authority  of  the  union — the  last  clause  being  sug- 
gested by  Franklin.  It  was  approved  in  this  form,  after 
rejecting  a  section  authorizing  a  resort  to  the  force  of  the 
union  against  any  delinquent  state. 

The  seventh  resolution  was  considered  on  the  first  of 
June.  It  declared  that  a  national  executive  be  chosen  by 
the  legislature  for  a  term  of  years,  with  a  fixed  compensa- 
tion, not  to  be  increased  or  diminished  so  as  to  affect  the 
existing  magistracy,  which  was  to  be  ineligible,  and,  be- 
sides a  general  authority  to  execute  the  national  laws,  that 
it  ought  to  enjoy  the  executive  rights  vested  in  congress 
by  the  confederation. 

A  motion  of  Wilson,  that  it  should  consist  of  a  single 
person,  was  postponed,  when  Madison,  urging  that  its 
powers  ought  first  to  be  defined,  offered  an  amendment  con- 
ferring on  it  the  power  to  carry  into  execution  the  nation- 
al laws,  to  appoint  to  ofl[ices  in  cases  not  otherwise  pro- 
vided for,  and  to  execute  such  other  powers,  not  legislative 
or  judiciary  in  their  nature,  as  may  from  time  to  time  be 
delegated  by  the  national  legislature.  The  powers  to  ex- 
ecute the  laws,  and  to  appoint  to  office,  were  approved  ; 
but  the  last  indefinite  clause  was  rejected,  Massachusetts, 


262  THE  REPUBLIC.  [1787. 

Virginia,  and  South  Carolina  voting  for  it.  The  term  of 
office  was  next  estabhshed  at  seven  years. 

Until  this  period  of  the  proceedings,  New- York  was 
represented  by  Hamilton  and  Yates,  but  on  the  second  of 
June,  Lansing  having  taken  his  seat,  Hamilton's  vote  was 
merged  in  that  of  his  colleagues. 

Immediately  after,  a  proposal  was  made  to  postpone 
the  resolution  respecting  the  executive,  in  order  to  take  up 
that  relating  to  the  second  branch  of  the  legislature :  only 
three  states  voted  in  its  favour.  A  motion  was  then  made 
by  Wilson,  that  the  executive  magistracy  should  be  elected 
by  electors  chosen  in  districts  of  the  states,  in  whom  the 
executive  authority  of  the  government  should  be  vested. 
This  motion  was  negatived,  seven  states  being  against  it ; 
the  vote  of  New- York  divided,  and  its  election  by  the  na- 
tional legislature  being  approved.  To  control  this  great 
object  of  jealousy,  a  proposition  was  made  that  it  should 
be  removable  by  the  national  legislature.  This  was  defeat- 
ed, but  it  was  declared  to  be  ineligible  a  second  time  ;  and 
instead  of  giving  the  legislature  a  general  power  of  remo- 
val, a  provision,  derived  from  the  constitution  of  North 
Carolina,  rendering  the  executive  removable  on  impeach- 
ment, and  conviction  of  malpractice  or  neglect  of  duty, 
was,  at  the  suggestion  of  Williamson,  substituted.  It  was 
again  moved  that  the  executive  should  consist  of  one  per- 
son. The  subject  was  now  discussed  at  large,  Butler, 
Gerry,  Charles  Pinckney,  Sherman,  and  Wilson  being  in 
favour  of  a  single,  Madison  and  Randolph  of  a  plural  execu- 
tive. 

In  the  letters  written  prior  to  the  meeting  of  the  con- 
vention by  Madison  to  Washington  in  reference  to  the 
executive,  he  is  seen  to  have  stated  that  he  had  "  scarcely 
ventured  to  form  his  own  opinion  yet,  either  of  the  man- 
ner in  which  it  ought  to  be  constituted,  or  of  the  authori- 
ties with  which  it  ought  to  be  clothed."     This  language 


^T.  80.]  HAMILTON.  263 

would  seem  to  imply  that  he  then  contemplated  a  plural 
magistracy.  He  now  observed,  "  the  way  to  prevent  a 
majority  from  having  an  interest  to  oppress  the  minority, 
is  to  enlarge  the  sphere."  "  Elective  monarchies  are  tur- 
bulent and  unhappy."  "Men  are  unwilling  to  admit  so 
decided  a  superiority  of  merit  in  an  individual,  as  to  ac- 
cede to  his  appointment  to  so  pre-eminent  a  station.  If 
several  are  admitted,  as  there  will  be  many  competitors  of 
equal  merit,  they  may  be  all  included — contention  pre- 
vented, and  the  republican  genius  consulted."* 

Randolph  followed.  He  remarked,  that  "the  situation 
of  this  country  was  peculiar.  The  people  were  taught  an 
aversion  to  monarchy  ;  all  their  constitutions  were  opposed 
to  it.  The  fixed  character  of  the  people  was  opposed  to 
it.  If  proposed,  it  will  prevent  a  fair  discussion  of  the 
plan.  Why  cannot  three  execute  ?  Great  exertions  were 
only  requisite  on  particular  occasions.  Safety  to  liberty 
was  the  great  object ;  legislatures  may  appoint  a  dictator. 
He  spoke  of  the  seeds  of  destruction ;  slaves  might  be  ea- 
sily enlisted.  The  executive  may  appoint  men  devoted  to 
them,  and  even  bribe  the  legislature  by  offices.  The  chief 
magistrate  will  also  be  free  from  impeachment." 

Wilson  answered,  alleging  that  the  extent  of  the  coun- 
try, and  the  diversity  of  manners,  precluded  the  dangers 
alluded  to.  "  A  confederated  republic,"  he  observed,  "  unites 
the  advantages  and  banishes  the  disadvantages  of  other 
kinds  of  government.  Rendering  the  executive  ineligible," 
he  declared, "  was  an  infringement  of  the  right  of  election." 

Bedford  concurred  in  the  opinion,  that  the  executive 
should  be  re-eligible.  He  remarked,  that  "  peculiar  talents 
were  requisite  for  the  executive  ;  therefore,  there  ought  to 
be  an  opportunity  of  ascertaining  his  talents,  and  therefore 
frequent  change." 

»  Hamilton's  MSS.  notes,  vol.  1,  p.  74.— Madison  does  not  give  these 
remarks. — Reports  of  1st  and  2d  June,  vol.  2,  Madison  Papers,  p.  762—783. 


264  THE  EEPUBLIO.  [1787. 

The  question  being  taken,  seven  states  voted  in  favour 
of  a  single  executive.  New^-York,  (Yates  and  Lansing 
giving  the  vote,)  Delav^^are,  and  Maryland  in  the  negative. 

The  eighth  resolve  proposed  a  council  of  revision,  to  be 
composed  of  the  executive  and  of  a  part  of  the  judiciary. 
It  was  to  be  empov^ered  to  revise  every  act  of  the  national 
legislature  before  it  should  operate,  and  of  the  particular 
legislatures  of  each  state,  before  a  negative  thereon  should 
be  final.  The  dissent  of  the  council  to  amount  to  a  rejec- 
tion, unless  the  act  of  the  national  legislature  w^as  again 
passed,  or  that  of  a  particular  state  should  be  again  ne- 
gatived by  the  vote  of  a  certain  number  of  the  members 
of  each  branch.  Madison  was  zealous  for  this  revisionary 
council.  Hamilton  was  averse  to  it,  from  the  "  danger 
that  the  executive,  by  too  frequent  communication  with  the 
judicial,  may  corrupt  it."  As  to  the  argument  that  this 
negative  would  not  be  used,  he  remarked,  "  it  would  go 
so  far  as  to  prove  that  the  revisionary  power  would  not 
be  exercised,  and  therefore  was  useless."  He  seconded  a 
^  motion  of  Wilson  to  vest  an  unqualified  negative  in  the 

executive.  This  proposal  was  rejected,  but  a  modified 
provision  passed,  giving  this  negative  to  the  executive,  un- 
less two-thirds  of  the  legislature  should  concur,  thus  dis- 
pensing with  the  council  of  revision. 
'  The  ninth  resolve  contemplated  a  national  judiciary,  to 
hold  during  good  behaviour,  to  receive  a  compensation  not 
to  be  increased  or  diminished  so  as  to  aflfect  the  incum- 
bents. It  was  to  consist  of  a  supreme  appellate,  and  infe- 
rior tribunals,  whose  jurisdiction  was  to  extend  to  pira- 
cies and  felonies  on  the  seas,  and  captures  from  an  enemy  ; 
to  cases  in  which  foreigners  or  citizens  of  other  states 
might  be  interested,  or  which  respected  the  collection  of  the 
revenue ;  to  impeachments  of  any  national  oflScer,  and 
questions  involving  the  national  peace  and  harmony.  Wil- 
son moved  that  the  judiciary  should  be  appointed  by,  the 


/''\iJ^ 


^T.  80.]  HAMILTON.  265 

executive.  Madison  was  opposed  to  this.  He  thought 
that  the  executive  should  by  no  means  make  the  appoint- 
ment, and  pursuing  the  pohcy  of  Virginia,  which  gave  the 
appointment  to  the  legislature,  he  proposed  to  vest  it  in 
the  second  branch. 

A  provision  for  the  admission  of  new  states,  was  in  the 
next  place  adopted.  On  the  sixth  of  June,  proposals  to 
give  the  election  of  the  first  branch  of  the  national  legisla- 
ture to  those  of  the  several  states,  and  to  annex  a  council 
of  revision  to  the  executive,  to  be  composed  of  the  nation- 
al judiciary,  were  renewed,  and  failed.  It  was  urged  in 
favour  of  the  first  proposition,  that  if  "  the  legislatures  did 
not  partake  in  the  appointment,  they  would  be  more  jeal- 
ous of  the  general  government ;  and  that  the  state  legisla- 
tures ought  also  to  elect  the  senators,  so  as  to  bring  into 
it  the  sense  of  the  state  governments,"  and  thus  "lead  to  a 
more  respectable  choice." 

Madison  contended,  that  at  least  one  branch  should  be 
chosen  by  the  people.  He  stated  that*  there  were  "  two 
principles  on  which  republics  ought  to  be  constituted. 
One,  that  they  should  have  such  an  extent  as  to  render 
combinations  on  the  ground  of  interest  difficult.  The 
other,  by  a  process  of  election  calculated  to  refine  the  rep- 
resentation of  the  people."! 


*  Hamilton  MSS.  v.  1,  p.  75. 

t  In  reference  to  these  principles,  this  comment  by  Hamilton  is  preserved. 

"  Maddison's  theory.  Answer : — There  is  truth  in  both  these  principles,  but 
they  do  not  conclude  as  strongly  as  he  supposes.  The  assembly,  when  cho- 
sen,  will  meet  in  one  room,  if  they  are  drawn  from  half  the  globe,  and  will 
be  liable  to  all  the  passions  of  popular  eissemblies. 

"  If  more  minute  links  are  wanting,  others  will  supply  thei^.  Distinctions 
of  eastern,  middle,  and  southern  states,  will  come  into  view,  between  com- 
mercial  and  non-commercial  states.     Imaginary  lines  will  influence,  &c. 

"  The  human  mind  is  prone  to  limit  its  view  to  near  and  local  objects.  Pa- 
per money  is  capable  of  giving  a  general  impulse.  It  is  easy  to  conceive  a 
popular  sentiment  pervading  the  eastern  states,"     Madison   also  observed, 


266  THE  REPUBLIC.  [1787. 

The  election  of  the  second  branch  by  the  state  legisla- 
tures was  proposed,  and,  after  the  rejection  of  a  motion 
that  it  should  be  chosen  by  the  people,  was  passed  unani- 
mously. 

The  term  of  service  of  the  first  branch  was  fixed  at 
three,  that  of  the  second  branch  at  seven  years.  The 
members  were  to  receive  fixed  stipends  out  of  the  national 
treasury,  and  to  be  ineligible  to  any  office  established  by 
a  state,  or  by  the  United  States,  (except  those  peculiarly 
belonging  to  the  functions  of  the  respective  branch,)  du- 
ring the  term  of  service,  and  under  the  national  govern- 
ment for  one  year  after  its  expiration.  The  restriction  on 
their  re-eligibility,  and  the  right  to  recall  those  of  the  se- 
cond branch,  were  expunged.  An  important  motion  was 
now  made  as  to  the  power  to  be  confided  to  the  legisla- 
ture. It  was  proposed  by  Charles  Pinckney,  and  second- 
ed by  Madison,  that  it  should  have  a  negative  on  all  laws 
of  the  statCiS  which  to  it  shall  appear  improper.  This  was 
sustained  by  only  three  states — Massachusetts,  Pennsyl- 
vania, and  Virginia. 

After  some  discussion  of  the  mode  of  appointing  the 
executive,  the  rule  of  suffrage  now  existing  as  to  the  choice 
of  the  first  branch  of  the  legislature  was  adopted,  and  a 
proposal  was  made  to  give  to  each  state  an  equal  vote  in 
the  second  branch. 

Wilson  and  Hamilton  urged  that  the  rule  adopted  as  to 


*'  that  large  districts  are  less  liable  to  be  influenced  by  factious  demagogues 
than  sniall."  "  This,"  Hamilton  noted,  "  is  in  some  degree  true,  but  not  so 
generally  as  may  be  supposed.  Frequently  small  portions  of  large  districts 
carry  elections.  An  influential  demagogue  will  give  an  impulse  to  the 
whole.  Demagogues  are  not  always  inconsiderable  persons.  Patricians 
were  frequently  demagogues.  In  large  districts,  characters  are  less  known, 
and  a  less  active  interest  is  taken  in  them." 

"  One  great  defect  of  our  state  governments  is,  that  they  do  not  present  ob- 
jects  sufiiciently  interesting  to  the  human  mind." 


^T.  80.]  HAMILTON.  267 

the  first  should  govern  in  the  choice  of  the  second  branch 
They  prevailed  for  the  moment.  A  guarantee  of  a  repub- 
lican constitution,  and  of  its  existing  laws  to  each  state, 
was  unanimously  approved.  It  was  declared  that  a  pro- 
vision ought  to  be  made  for  the  amendment  of  the  consti- 
tution; and  that  the  legislative,  executive,  and  judiciary 
of  each  state  ought  to  be  bound  by  oath  to  support  the 
articles  of  union.  After  an  approval  of  the  fifteenth  re- 
solve, that  the  amendments  to  the  confederation  with  the 
approbation  of  congress  should  be  submitted  to  an  assem- 
bly, or  assemblies,  elected  by  the  people,  the  Virginia  reso- 
lutions were  reported  to  the  house  on  the  thirteenth  of 
June. 

During  the  discussion  of  these  resolutions,  such  of  the 
delegates  from  Connecticut,  New- York,  New- Jersey,  Dela- 
ware, and  Maryland,  as  were  in  favour  of  a  larger  reten- 
tion of  power  in  the  states,  prepared  a  series  of  resolves, 
which  were  on  the  fifteenth  of  June  submitted  by  Pater- 
son.  They  were  designated  "the  Jersey  plan."  This 
plan  contemplated  an  enlargement  of  the  powers  of  con- 
gress, without  any  change  in  the  structure  of  the  gov- 
ernment— an  apportionment  of  the  ratio  of  contribution 
to  the  population — the  election  by  congress  of  a  plural 
federal  executive — a  federal  judiciary  to  be  appointed  by 
the  executive,  to  hold  during  good  behaviour — a  provision 
rendering  the  acts  of  congress  and  treaties  the  supreme 
law,  with  compulsory  authority  over  the  states  by  the 
national  force. 

This  scheme  being  referred  to  a  committee  of  the 
whole  house,  with  a  view  to  bring  the  respective  systems 
into  full  contrast,  it  was  moved  by  Rutledge,  seconded  by 
Hamilton,  that  the  amended  resolutions  from  Virginia  be 
recommitted.  The  broad  question,  whether  a  national 
government,  or  mere  articles  of  confederation  were  to  be 
recommended,  was  now  presented.    The  debate  was  open- 


268  THE  EEPUBLIC.  [1787. 

ed  on  the  sixteenth  of  June,  by  Lansing.  He  stated,  that 
the  national  system  proposed  to  draw  the  representation 
from  the  whole  body  of  the  people,  without  regard  to  the 
state  sovereignties.  That  the  substitute  proposed  to  pre- 
serve the  state  sovereignties.  What  were  the  powers 
under  which  the  convention  acted  ?  "  Different  legislatures 
had  a  different  object,"  but  the  general  purpose  was  to 
"  revise  the  confederation."  "  Independent  states  cannot 
be  supposed  to  be  willing  to  annihilate  the  states."  "  The 
state  of  New- York  would  not  have  agreed  to  send  mem- 
bers on  this  ground." 

It  is  "  in  vain,"  he  said,  "  to  devise  systems,  however 
good,  which  will  not  be  adopted."  "  If  convulsions  hap- 
pen, nothing  we  can  do  will  give  them  a  direction.  The 
legislatures  cannot  be  expected  to  make  such  a  sacrifice." 
"  The  wisest  men  in  forming  a  system  from  theory  are 
apt  to  be  mistaken."  "  The  present  national  government 
has  no  precedent,  or  experience  to  support  it,"  and  the 
"  general  opinion  was,  that  certain  additional  powers  ought 
to  be  given  to  congress" 

He  was  followed  by  Patterson,  who  observed,  first,  that 
their  plan  accorded  with  their  powers ;  second,  that  it  ac- 
cords with  the  "  sentiments  of  the  people.  If  the  confed- 
eration was  radically  defective,  we  ought  to  return  to  our 
states  and  tell  them  so.  He  came  not  here  to  sport  senti- 
ments of  his  own,  but  to  speak  the  sense  of  his  constitu- 
ents." The  "  states  treat  as  equal ;  the  present  compact 
gives  one  vote  to  each  state.  By  the  articles  of  the  con- 
federation, '  alterations  are  to  be  made  by  congress,  and  all 
the  legislatures.'  All  the  parties  to  a  contract  must  as- 
sent to  its  dissolution.  The  states  collectively  have  advan- 
tages, in  which  the  smaller  states  do  not  participate  ;  there- 
fore individual  rules  do  not  apply." 

The  "  force  of  government,"  he  observed,  "  will  not  de- 
pend on  the  proportion  of  representation,  but  on  the  quan- 


^T.  30.]  HAMILTON".  269 

tity  of  power."  "  A  check  is  not  necessary  m  a  general 
government  of  communities,  but  in  an  individual  state  the 
spirit  of  faction  is  to  be  checked."  "  How  have  congress 
hitherto  conducted  themselves  ?  The  people  approve  of 
congress,  but  think  they  have  not  power  enough." 

On  a  comparison  of  the  different  schemes  of  govern- 
ment then  before  the  convention,  it  is  seen  that  Pinckney 
would  have  clothed  the  legislature  with  the  powers  vested 
in  congress  by  the  confederation,  and  also  with  the  regu- 
lation of  commerce,  the  raising  money  by  impost,  and  with 
the  control  of  the  national  force.  The  Virginia  plan 
would  have  conferred  on  the  government  powers  supreme 
in  all  questions  of  national  interest ;  a  negative  on  the  laws 
of  the  states,  with  an  express  declaration  of  a  power  to 
exert  the  common  force  against  a  delinquent  state. 

Pinckney  also  proposed  a  single  executive,  while  the 
Virginia 'plan,  having  confided  unlimited  powers  to  the 
'legislature,  would  have  vested  the  execution  of  those  pow- 
ers in  a  plural  magistracy,  ineligible  a  second  time,  con- 
trolled by  a  council  of  revision  constituted  from  the  judi- 
ciary, which  would  thus  have  become  a  political  agent — 
those  powers  to  be  exercised  by  a  resort  to  force  ;  to  ob- 
viate which,  Madison  is  seen  to  have  proposed  a  negative 
on  the  laws  of  the  states. 

The  Jersey  plan  was  more  objectionable.  It  created  a 
single  legislative  body,  with  the  command  of  the  purse  and 
the  sword ;  derived  its  authority  from  the  states ;  estab- 
lished an  equality  of  suffrage ;  proposed  that  a  minority 
should  govern;  contemplated  partial  objects  of  legisla- 
tion ;*  gave  no  negative  upon  that  of  the  states ;  created 
a  plural  executive,  removable  on  the  application  of  a  ma- 
jority of  the  executives  of  the  states,  without  any  negative 
on  the  national  legislature  ;  and  a  judiciary,  to  be  appoint- 

•  The  revenue  was  to  be  derived  from  imposts,  stamps,  and  postage. 


270  THE  KEPUBLIO.  [1787. 

ed  by  the  executive,  with  power  to  try  impeachments  of 
federal  officers,  but  without  any  other  original  jurisdiction, 
and  without  inferior  tribunals. 

Such  were  the  forms  of  government  in  contemplation 
for  an  empire  of  almost  boundless  territory,  and  destined 
to  contain  a  countless  population. 

As  neither  of  these  forms  was  adopted,  and  as  the  final 
result  was  a  compromise,  it  becomes  necessary,  in  order 
to  judge  correctly  of  the  extent  of  Hamilton's  influence 
upon  the  character  of  that  compromise,  to  trace  the  suc- 
cessive opinions  of  leading  members  of  the  convention. 

With  this  view,  it  will  be  remarked,  while  the  plan  of 
Madison  and  Randolph  submitted  it  as  an  open  question, 
whether  "  the  right  of  suffrage  in  the  national  legislature 
ought  to  be  proportioned  to  the  quotas  of  contribution,  or 
to  the  number  of  free  inhabitants,"  that  Hamilton  was  the 
first  to  urge  the  latter  as  the  true  basis  of  a  republican 
government.* 

Hamilton  urged  the  choice  of  the  first  branch  by  the 
people — Madison  was  undecided,  if  "  by  the  people  or 
by  the  legislatures,"  and  while  Hamilton  would  have  de- 
rived the  Senate  also  from  the  people,f  Madison  preferred 
that  it  should  be  chosen  by  the  first  branch. 

The  proposition  of  Virginia  gave  the  choice  of  the  ex- 
ecutive department  of  the  government  to  the  national 
legislature.  Hamilton,  pursuing  the  great  principle  of  a 
popular  government,  was  in  favour  of  an  executive  to  be 
chosen  by  the  people  in  districts  through  the  medium  of 
electors. 

Madison  was  the  advocate  of  a  plural  executive,  and 

*  Journal  of  Fed.  Con.,  pp.  67-83.  "  It  was  moved  by  Mr.  Hamilton, 
seconded  by  Mr.  Spaight,  that  the  resolution  be  altered  so  as  to  read :  Re. 
solved,  that  the  rights  of  suffrage  in  the  national  legislature  ought  to  be  pro* 
portioned  to  the  number  of  free  inhabitants.^* 

t  Journal,  112. 


^T.  30.]  HAMILTON.  271 

would  have  associated  with  it  a  revisionary  council,  to  be 
formed  of  the  national  judiciary,  having  a  qualified  nega- 
tive. Hamilton,  on  the  other  hand,  would  have  imposed 
on  a  single  executive  an  undivided  responsibility,  without 
a  council  of  revision.  He  would  have  given  the  appoint- 
ment of  the  judiciary  to  the  executive,  and  would  have 
charged  it  solely  with  judicial  duties.  The  judiciary  of 
Madison  was  to  be  appointed  by  the  second  branch,  to  be 
connected  with  the  executive,  to  act  politically  as  its  con- 
trolling council,  and  also  as  the  court  of  impeachments  on 
the  national  officers. 

Passing  from  the  structure  to  the  powers  of  the  govern- 
ment— while  Hamilton  would  have  provided  that  the  ex- 
ecutive should  take  care  that  the  laws  were  faithfully  ex- 
ecuted, Madison  would  have  authorized  the  legislature  to 
delegate  to  it,  from  time  to  time,  such  other  powers,  not  le- 
gislative or  judiciary  in  their  nature,  as  it  might  choose  ;* 
and  would  have  given  it  a  negative  on  the  laws  of  the 
states. 

As  to  the  national  legislature,  he  would  have  empowered 
it  to  "  negative  all  laws"  of  the  states  "  which  to  them  shall 
appear  improper."!  It  has  been  seen  that  while  he  thought 
that  perhaps  this  negative  "  might  create  a  mutual  depen- 
dence between  the  general  and  particular  authorities,"  and 
thus  "  that  the  necessity  of  operating  by  force  on  the  col- 
lective will  of  a  state  might  be  precluded,"  he  said,  "  the 
right  of  coercion  should  be  expressly  declared."  This  was 
by  far  the  highest  toned  form  of  government  submitted  to 
the  convention,  and  as  it  intermingled  injuriously  the  dif- 
ferent departments,  and  derived  them  all  from  the  first  le- 
gislative branch,  would  have  resulted  in  an  odious  and  in- 
tolerable tyranny,  in  which  the  executive  and  senate 
would  have   been  the  creatures   and   mere   instruments 

*  Journal,  p.  89.  t  Ibid.  p.  107. 


272  THE  EEPUBLIO.  [1787. 

of  the  arbitrary  will  of  the  popular  branch  of  the  legisla- 
ture. In  two  important  particulars,  a  common  sentiment 
is  seen  in  the  convention — the  determination  to  lay  a  re- 
publican basis  in  the  pledge  by  an  unanimous  vote  to 
"  guarantee  to  each  state  a  republican  constitution,  and 
its  existing  laws,"  and  that  the  national  judiciary  should 
hold  their  offices  during  good  behavior. 


CHAPTER    XLVI. 

To  establish  a  stable  and  enduring  government  of  com- 
petent powers,  founded  on  the  consent  of  the  people,  and 
to  combine  a  vigorous  execution  of  the  laws  with  a  due 
regard  to  liberty,  by  a  judicious  application  of  a  system 
of  checks  as  far  as  was  practicable,  consistently  with  the 
genius  of  a  republic,  were  the  great  objects  to  be  sought. 
Neither  of  the  plans  before  the  convention  promised  to 
effect  these  objects. 

In  that  of  Virginia,  although  the  resort  to  "  force 
against  a  member  failing  to  fulfill  its  duty,"  early  pro- 
posed, was  not  incorporated,  yet  the  conflicts  to  ensue 
between  a  general  government  so  constituted  and  of  such 
power,  and  the  governments  of  the  states,  so  little  im- 
paired, were  inevitable. 

The  adoption  of  such  a  plan  would  have  been,  as  Ham- 
ilton had  before  stated,  "  to  enact  a  civil  war."  The 
influence  exerted  by  his  arguments  in  exposing  this  in- 
consistency, was  powerful  in  preparing  the  way  for  the 
Vol.  III.— 18 


274  THE  REPUBLIC.  [1787. 

plan  finally  adopted  in  the  different  organization  of  the 
senate  and  house  of  representatives.* 

But  the  conflicts  between  the  National  Government 
and  the  State  sovereignties  were  only  a  greater  evil  than 
the  consequences  to  follow  from  the  deposit  of  almost  un- 
Hmited  power  in  a  National  legislature,  of  which  both 
branches  were  derived  from  a  common  source,  without 
the  natural  check  which  he  contemplated,  in  the  different 
terms  of  office. 

The  Jersey  plan  would  have  been  equally  mischievous. 
The  one  plan  was  tyranny — both  involved,  certain  anarchy. 
Neither  could  have  been  adopted.  The  final  struggle  be- 
tween their  respective  advocates  was  impending,  almost 
instant.  A  dissolution  of  the  convention,  and  a  dissolu- 
tion of  the  frail  union  were  at  hand.     Hamilton  saw  it 


*  History  of  tlie  Constitution  of  the  United  States,  by  G.  T.  Curtis,  ii.  101 
to  106  :  "  Surely,  it  can  be  no  impeachment  of  the  wisdom  or  the  statesmanship 
of  this  great  man,  that,  at  a  time  when  a  large  majority  of  the  convention  were 
seeking  to  establish  a  purely  national  system,  founded  on  a  proportionate  rep- 
resentation of  the  people  of  the  states,  he  should  have  pointed  out  the  incon- 
sistencies of  such  a  plan,  and  should  have  endeavored  to  bring  it  into  greater 
conformity  with  the  theory  which  so  many  of  the  members  and  so  many  of  the 
States  had  determined  to  adopt.  It  seems  rather  to  be  a  proof  of  the  deep  sa- 
gacity which  had  always  marked  his  opinions  and  conduct,  that  he  should  have 
foreseen  the  inevitable  collisions  between  the  powers  of  a  national  government, 
so  constituted,  and  the  powers  of  the  States.  The  whole  experience  of  the  past 
had  taught  him  to  anticipate  such  conflicts,  and  the  theory  of  a  purely  na- 
tional government,  when  applied  by  the  arrangement  now  proposed,  rendered 
it  certain  that  these  conflicts  must  and  would  increase.  That  theory  could 
only  be  put  in  practice  by  transferring  the  whole  legislative  powers  of  the 
people  of  the  States  to  the  national  government.  This  he  would  have  pre- 
ferred, and,  in  this,  looking  from  the  point  of  view  at  which  he  then  stood, 
and  considering  the  actual  position  of  the  subject,  he  undoubtedly  was  right." 
"  The  choice  seemed  to  be  between  a  purely  oiational  and  a  purely  federal 
system." 


^T.  30.]  HAMILTON.  275 

all.  What  was  to  be  done?  His  own  position  in  the 
convention  was  that  of  isolation.  The  policy  of  Clinton 
had  placed  him  there  to  become  a  cipher  and  a  sacrifice. 
He  felt  it  all,  but  he  felt,  with  the  cold  palsy  of  the  State 
upon  his  vote,  that  the  warm  life  of  a  nation  was  in  his 
heart — a  heart  ever  alive  to  the  sense  of  duty  and  of  honor.' 
In  these  he  found  the  path  of  courageous  wisdom.  He 
resolved  boldly,  frankly,  without  reserve,  to  announce  his 
views  of  such  a  constitution  as  was  best,  and  to  present  a 
plan,  in  the  approach  to  which  might  be  formed,  as  far  as 
could  be,  a  safe,  practicable,  durable  government,  resting 
on  the  power  of  the  American  people. 

The  convention  had  unanimously  decreed  a  Republican 
government.  No  other  form  was  thought  of  or  desired. 
In  his  plan,  embodying  such  propositions  as  had  been  ap- 
proved, and  were  consistent  with  his  own  opinions,  it  will 
be  seen,  that,  while  seeking  to  blend  with  it  the  advantages 
of  a  monarchy,  he  strictly  adhered  to  the  republican 
theory. 

Upon  a  resolution  of  Dickinson,  "  that  the  articles  of 
confederation  ought  to  be  revised  and  amended,  so  as  to 
render  the  government  of  the  United  States  adequate  to 
the  exigencies,  the  preservation,  and  the  prosperity  of  the 
union,"  Hamilton  addressed  the  committee. 

As  no  report  approaching  to  accuracy  has  been  given 
of  this  memorable  speech,  the  brief,  as  it  exists  in  his  hand- 
writing, is  given. 

INTROnUCTION. 

I.  Importance  of  the  occasion. 
II.  A  solid  plan,  without  regard  to  temporary  opinions, 
III.  If  an  ineffectual  plan  be  again  proposed,  it  will  beget 
despair,  and  no  government  will  grow  out  of  con- 
sent. 


276  THE    KEPUBLIO.  [1787. 

IV.  There  seem  to  be  but  three  Hnes  of  conduct. 
I.  A  league  offensive,  treaty  of  commerce,  and  appor- 
tionment of  the  pubUc  debt. 
II.  An  amendment  of  the  present  confederation,  by  add- 
ing such  powers  as  the  pubHc  mind  seems  nearest 
being  matured  to  grant. 
III.  The  forming  a  new  government  to  pervade  the  whole, 
with  decisive  powers ;  in  short,  with  complete 
sovereignty. 
Last  seems  to  be  the  prevailing  sentiment. 
I.  Its  practicability  to  be  examined. 

Immense  extent  unfavourable  to  representation. 
Vast  expense. 
Double  sets  of  officers. 
Difficulty  of  judging  of  local  circumstances. 
Distance  has  a  physical  effect  on  men's  minds. 
Difficulty  of  drawing  proper  characters  from  home. 
Execution  of  laws,  feeble  at  a  distance  from  govern- 
ment— particularly  in  the  collection  of  revenue. 
Sentiment  of  obedience —  ) 
opinion.  ) 

I.  Objections  to  the  present  confederation. 

Intrusts  the  great  interests  of  the  nation  to  hands 

incapable  of  managing  them. 
All  matters  in  which  foreigners  are  concerned. 
The  care  of  the  public  peace — debts. 
Power  of  treaty,  without  power  of  execution. 
Common  defence,  without  power  to  raise  troops — 

have  a  fleet — raise  money. 
Power  to  contract  debts,  without  the  power  to  pay. 
These  great  interests  of  the  state  must  be  well  man- 
aged, or  the  pubhc  prosperity  must  be  the  victim. 
Legislates  upon  communities. 
Where  the  legislatures  are  to  act,  they  will  delib- 
erate. 


iET.  80.]  HAMILTO]^.  27T 

To  ask  money,  not  to  collect  it,  and  by  an  unjust 
measure. 

No  sanction ! ! 
Amendment  of  confederation  according  to  present 
ideas. 
1.    Difficult  because  not  agreed  upon  any  thing.     Ex — 
Impost. 
Commerce — different  theories. 
To  ascertain  the  practicability  of  this,  let  us  examine 
the  principles  of  civil  obedience. 

SUPPORTS    OF    GOVERNMENT, 

I.  Interest  to  support  it. 
II.  Opinion  of  utility  and  necessity. 

III.  Habitual  sense  of  obligation. 

IV.  Force. 
V.  Influence. 

I.  Interest — particular  and  general  interests. 
Esprit  de  corps. 
Vox  populi,  Vox  Dei. 
II.  Opinion  of  utility  and  necessity. 

First  will  decrease  w^ith  the  growth  of  the  states. 

Necessity. 
This  does  not  apply  to  federal  government. 
This  may  dissolve,  and  yet  the  order  of  the  commu- 
nity continue. 
Anarchy  not  a  necessary  consequence. 

III.  Habitual  sense  of  obligation. 

This  results  from  administration  of  private  justice. 
Demand  of  service  or  money  odious. 

IV.  Force — of  two  kinds. 

Coercion  of  laws — Coercion  of  arms. 
First  does  not  exist — and  the  last  useless. 
Attempt  to  use  it,  a  war  between  the  states. 


278  THE  KEPUBLIC.  [1787. 

»  Foreign  aid. 

Delinquency  not  confined  to  one. 
V.  Influence — 

1.  From  municipal  jurisdiction. 

2.  Appointment  of  officers. 

3.  MiHtary  jurisdiction. 

4.  Fiscal  jurisdiction. 

All  these  now  reside  in  {the)  particular  states. 
Their  governments  are  the  chief  sources  of  hon- 
our and  emolument. 

AMBITION AVARICE. 

To  eflfect  any  thing,  passions  must  be  turned  towards 
the  general  government. 

Present  confederation  cannot  be  amended,  unless  the 
most  important  powers  be  given  to  congress  constituted 
as  they  are. 

This  would  be  liable  to  all  (the)  objections  against  any 
form  of  general  government,  with  the  addition  of  the  want 
of  checks. 

Perpetual  eflfort  in  each  member. 

Influence  of  individuals  in  office  to  excite  jealousy  and 
clamour — state  leaders. 

Experience  corresponds. 

Grecian  republics. 

Demosthenes  says — Athens  seventy-three  years — Lace- 
daemon  twenty-seven — Thebans  after  battle  of  Leuctra. 

Phocions — consecrated  ground — Philip,  &c. 

Germanic  empire. 

Charlemagne  and  his  successors. 

Diet — recesses. 

Electors  now  seven,  excluding  others» 

Swiss  Cantons. 

Two  diets. 

Opposite  alliances. 

Berne — ^Lucerne. 


^T.30.J  HAMILTON  279 

To  strengthen  the  federal  government,  powers  too  great 
must  be  given  to  a  single  hand. 

League  offensive  and  defensive,  &c. 

Particular  governments  might  exert  themselves,  &c. 

But  liable  to  usual  \icissi(tudes.) 

Internal  peace  affected. 

Proximity  of  situation — natural  enemies. 

Partial  confederacies  from  unequal  extent. 

Power  inspires  ambition. 

Weakness  begets  jealousy. 

Western  territory. 

Objn. — Gemus  of  republics  pacific. 

Answer.     Jealousy  of  commerce  as  well  as  jealousy  of 
power,  begets  war. 

Sparta — Athens — Thebes — Rome — Carthage — Venice 
— Hanseatic  League. 

England  as  many  popular  as  royal  wars. 

Lewis    the    XIV. — Austria — Bourbons — ^William    and 
Anne. 

Wars  depend  upon  trifling  circumstances. 

Where — Dutchess  of  Marlborough's  glove. 

Foreign  conquest. 

Dismemberment — Poland. 

Foreign  influence. 

Distractions  set  afloat  vicious  humours. 

Standing  armies  by  dissensions. 

Domestic  factions — Montesquieu. 

Monarchy  in  southern  states. 

DCT*  Federal  rights — Fisheries, 

Wars — destructive. 

Loss  of  advantages. 

Foreign  nations  would  not  respect  our  rights  nor  grant 
us  reciprocity. 

Would  reduce  us  to  a  passive  commerce. 

Fisheries — navigation  of  the  lakes — Mississippi — Fleet. 


280  THE  REPUBLIC.  [1787. 

The  general  government  must,  in  this  case,  not  only  have 
a  strong  soul,  but  strong  organs  by  which  that  soul  is  to 
operate. 

Here  I  shall  give  my  sentiments  of  the  best  form  of  gov- 
ernment— not  as  a  thing  attainable  by  us,  but  as  a  model 
which  we  ought  to  approach  as  near  as  possible. 

British  constitution  best  form. 

Aristotle — Cicero — Montesquieu — Neckar.* 

Society  naturally  divides  itself  into  two  political  di- 
visions— ihefew  and  the  many,  who  have  distinct  interests. 

If  government  in  the  hands  of  the  feio,  they  will  tyran- 
nize over  the  many. 

If  (m)  the  hands  of  the  many,  they  will  tyrannize  over 
the  few.  It  ought  to  be  in  the  hands  of  both ;  and  they 
should  be  separated. 

This  separation  must  be  permanent. 

Representation  alone  will  not  do. 

Demagogues  will  generally  prevail. 

And  if  separated,  they  will  need  a  mutual  check. 

This  check  is  a  monarch. 

Each  principle  ought  to  exist  in  full  force,  or  it  will  not 
answer  its  end. 

The  democracy  must  be  derived  immediately  from  the 
people. 

The  aristocracy  ought  to  ^be  entirely  separated ;  their 
power  should  be  permanent,  and  they  should  have  the 
caritas  liherorum. 

*  In  Madison's  very  imperfect  report  of  this  speech,  the  authority  of 
Neckar  is  alone  adduced.  The  opinion  entertained  of  him  at  that  time,  is 
seen  in  the  eloquent  commendation  of  Edmund  Burke.  "  I  behold  a  fabric 
laid  on  the  natural  and  solid  foundation  of  trust  and  confidence  among 
men,  and  rising  by  fair  gradation,  order  above  order,  according  to  the  just 
rules  of  symmetry  and  art — principle,  method,  regularity,  economy,  frugality, 
justice  to  individuals  and  care  of  the  people,  are  the  resources  with  which 
France  makes  war  upon  Great  Britain.— The  minister  who  does  these  things 
is  a  great  man." 


jEt.  30.]  HAMILTOI:^.  281 

They  should  be  so  circumstanced  that  they  can  have  no 
interest  in  a  change — as  to  have  an  effectual  weight  in  the 
constitution. 

Their  duration  should  be  the  earnest  of  wisdom  and 
stability. 

'Tis  essential  there  should  be  a  permanent  will  in  a  com- 
munity. 

Vox  populi,  vox  Dei. 

Source  of  government — the  unreasonableness  of  the 
people — separate  interests — debtors  and  creditors,  &c. 

There  ought  to  be  a  principle  in  government  capable 
of  resisting  the  popular  current. 

No  periodical  duration  will  come  up  to  this. 

This  will  always  imply  hopes  and  fears. 

Creature  and  Creator. 

Popular  assemblies  governed  by  a  few  individuals. 

These  individuals  seeing  their  dissolution  approach,  will 
sacrifice. 

The  principle  of  representation  will  influence. 

The  most  popular  branch  will  acquire  an  influence  over 
the  other. 

The  other  may  check  in  ordinary  cases,  in  which  there 
is  no  strong  public  passion  ;  but  it  will  not  in  cases  where 
there  is — the  cases  in  which  such  a  principle  is  most  ne^ 
cessary. 

DCr'  Suppose  duration  seven  years,  and  rotation. 
One-seventh  will  have  only  one  year  to  serve. 

One-seventh two  years. 

One-seventh three  years. 

One-seventh four  years. 

A  majority  will  look  to  a  dissolution  in  four  years  by 
instalments. 

The  monarch  must  have  proportional  strength.  He 
ought  to  be  hereditary,  and  to  have  so  much  power,  that  it 
will  not  be  his  interest  to  risk  much  to  acquire  more. 


282  THE  REPUBLIC.  [1Y87. 

The  advantage  of  a  monarch  is  this — he  is  above  coi- 
ruption — he  must  always  intend,  in  respect  to  foreign  na- 
tions, the  true  interest  and  glory  of  the  people. 

Republics  liable  to  foreign  corruption  and  intrigue — 
Holland — Athens. 

Effect  of  the  British  government. 

A  vigorous  execution  of  the  laws — and  a  vigorous 

defence  of  the  people,  will  result. 
Better  chance  for  a  good  administration. 
It  is  said  a  repubhcan  government  does  not  admit  a 
vigorous  execution. 
It  is  therefore  bad  ;  for  the  goodness  of  a  government 
consists  in  a  vigorous  execution. 

The  principle  chiefly  intended  to  be  established  is  this — 
that  there  must  be  a  permanent  will. 

Gentlemen  say  we  need  to  be  rescued  from  the  democ- 
racy.    But  what  the  means  proposed  ? 

A  democratic  assembly  is  to  be  checked  by  a  democratic 
senate,  and  both  these  by  a  democratic  chief  magistrate. 

The  end  will  not  be  answered — the  means  will  not  be 
equal  to  the  object. 

It  will,  therefore,  be  feeble  and  inefficient. 

RECAPITULATION. 

I.  Impossible  to  secure  the  union  by  any  modification 
of  foederal  government. 

II.  League,  offensive  and  defensive,  full  of  certain  evils 
and  greater  dangers. 

III.  General  government,  very  difficult,  if  not  impracti- 
cable, liable  to  various  objections. 

What  is  to  be  done  ? 

Answer.  Balance  inconveniences  and  dangers,  and 
choose  that  which  seems  to  have  the  fewest  objections. 

Expense  admits  of  this  answer.  The  expense  of  the 
state  governments  will  be  proportionably  diminished. 


^T.  30.]  HAMILTON.  283 

Interference  of  officers  not  so  great,  because  the  objects 
of  the  general  government  and  the  particular  ones  will  not 
be  the  same — Finance — Administration  of  private  justice. 
Energy  will  not  be  wanting  in  essential  points,  because 
the  administration  of  private  justice  will  be  carried  home 
to  men's  doors  by  the  particular  governments. 

And  the  revenues  may  be  collected  from  imposts,  ex- 
cises, &c.  If  necessary  to  go  further,  the  general  gov- 
ernment may  make  use  of  the  particular  governments. 

The  attendance  of  members  near  the  seat  of  govern- 
ment may  be  had  in  the  lower  branch. 

And  the  upper  branch  may  be  so  constructed  as  to  in- 
duce the  attendance  of  members  from  any  part. 

But  this  proves  that  the  government  must  be  so  consti- 
tuted as  to  offer  strong  motives. 

In  short,  to  interest  all  the  passions  of  individuals. 

And  turn  them  into  that  channel. 

After  having  stated  his  theoretical  opinion  of  govern- 
ment, Hamilton  declared  "that  the  republican  theory 
ought  to  be  adhered  to  in  this  country,  as  long  as  there 
was  any  chance  to  its  success — that  the  idea  of  a  perfect 
equality  of  political  rights  among  the  citizens,  exclusive  of 
all  permanent  or  hereditary  distinctions,  was  of  a  nature  to 
engage  the  good  wishes  of  every  good  man,  w^hatever 
might  be  his  theoretic  doubts ;  that  it  merited  his  best  efforts 
to  give  success  to  it  in  practice  ;  that  hitherto,  from  an  in- 
competent structure  of  the  government,  it  had  not  had  a 
fair  trial,  and  that  the  endeavour  ought  then  to  be  to  secure 
to  it  a  better  chance  of  success  by  a  government  more 
capable  of  energy  and  order."* 

The  speech  of  which  this  brief  is  given,  occupied  in  the 
delivery  between  five  and  six  hours,  and  was  pronounced 

*  Hamilton  to  Washington,  post. 


284  THE   EEPUBLIC.  [1787. 

by  a  competent  judge,*  "  the  most  able  and  impressive  he 
had  ever  heard." 

In  the  course  of  this  speech,  he  read  his  plan  of  gov- 
ernment, an  outline  of  which  is  given  in  a  few  general 

*  Gouverneur  Morris. 

t  On  a  comparison  of  this  brief  with  Madison's  report,  it  is  not  possible  to 
give  credence  to  his  statement,  "  that  Hamilton  happened  to  call  upon  him 
when  putting  the  last  hand  to  it,  who  acknowledged  its  fidelity^  without  sug- 
gesting more  than  a  very  few  verbal  alterations^  which  were  made." 

Neither  in  the  general  outline,  nor  in  the  subdivisions,  does  it  approach  so 
near  to  accuracy  as  by  possibility  to  have  received  the  sanction  of  its  author. 
A  few  of  the  discrepancies  will  be  indicated. 

In  Madison's  report  of  the  preliminary  remarks,  to  show  that  the  states 
may  have  had  in  view  a  reference  to  the  people  at  large,  he  ascribes  this  ob- 
servation to  Hamilton : — "  In  the  senate  of  New- York  a  proviso  was  moved, 
that  no  act  of  the  convention  should  be  binding  until  it  should  be  referred  to  the 
people,  and  ratified ;  and  the  motion  was  lost  by  a  single  voice  only  ;  the  rea- 
son assigned  being,  that  it  might  probably  be  found  an  inconvenient  shackle." 
Had  this  proviso  been  moved,  it  must  have  been  moved  on  the  28th  of  Feb- 
ruary, 1787,  upon  a  resolution  introduced  by  Hamilton  in  the  assembly  on 
the  26th,  and  proposed  by  Schuyler  in  the  senate  on  that  day.  No  such  pro. 
viso  was  moved. 

The  proviso  actually  moved  was  that  of  Yates,  an  adherent  of  Clinton, 
who  proposed  to  insert  a  declaration  that  "  the  alterations  and  provisions  in  the 
articles  of  confederation  should  be  not  repugnant  to,  or  inconsistent  with,  the 
constitution  of  the  state,"  and  it  was  lost  by  a  single  vote. 

Thus  Hamilton  is  represented  as  sanctioning  the  accuracy  of  a  speech, 
which  contains  a  statement  of  an  occurrence  that  did  not  take  place,  when 
he  was  a  principal  actor  in,  and  was  familiar  with  all  the  particulars  of  what 
had  occurred  at  an  interval  of  less  than  four  months. 

As  the  ground  of  the  opposition  of  his  colleagues,  and  that  on  which  they 
soon  after  withdrew  from  the  convention,  was,  that  it  was  exceeding  its  pow- 
ers, it  is  obvious,  if  he  had  made  such  a  statement,  that  it  would  have  been 
controverted  by  them,  and  shown  to  have  been  erroneous  by  referring  to  the 
journals  of  New-York.  As  no  such  statement  was  made  by  Hamilton,  no 
contradiction  of  it  is  found  in  the  notes  of  Yates ;  but  his  actual  representa- 
tion,  and  which  corresponds  with  the  fact,  is  there  correctly  given.  "  Nor 
can  we,"  he  observed,  in  reply  to  Lansing,1:  "  suppose  an  annihilation  of  our 
powers  by  forming  a  national  government,  as  many  of  the  states  have  made 

1  Yates'  Debates.  130.    New- York  Journals,  1787,  pp.  44,  45,  February  28th. 


-^T.  30.]  HAMILTON.  285 

propositions.  The  "  full  plan,"  as  stated  by  Madison,  was 
"  so  prepared,  that  it  might  have  gone  into  immediate  ef- 
fect, if  it  had  been  adopted."  It  consisted  of  ten  articles, 
each  divided  into  sections. 

in  their  constitutions  no  provisions  for  any  alterations ;  and  thus  much  /  can 
say  for  the  state  I  have  the  honour  to  represent,  that  when  our  credentials 
were  under  consideration  in  the  senate,  some  members  were  for  inserting  a 
restriction  on  the  powers,  to  prevent  an  encroachment  on  the  constitution. 
It  was  answered  by  others ;  and,  therefore,  the  resolve  carried  on  the  creden- 
tials, that  it  might  abridge  some  of  the  constitutional  powers  of  the  state,  and 
possibly,  in  the  formation  of  a  new  union,  it  would  be  found  necessary.  This 
appears  reasonable,  and  therefore  leaves  us  at  liberty  to  form  such  a  national 
government  as  we  think  best  adapted  to  the  good  of  the  whole." 

In  the  enumeration  of  the  supports  of  government,  Madison,  880,  represents 
Hamilton  as  stating  the  second  to  be  "  the  love  of  power.  Men  love  power. 
The  same  remarks  are  applicable  to  this  principle : — the  states  have  con- 
stantly shown  a  disposition  rather  to  regain  the  powers  delegated  by  them, 
than  to  part  with  more,  or  to  give  effect  to  what  they  had  parted  with !  The 
ambition  of  their  demagogues  is  known  to  hate  the  control  of  the  general 
government."  Could  he  have  embraced  "  the  love  of  power,"  producing 
such  consequences  as  are  here  enumerated,  among  "  the  supports  of  govern- 
ment ?" 

Yates  states  the  second  support  thus,  "  Utility  and  necessity,"  which 
agrees  with  the  brief,  each  confirming  the  accuracy  of  the  other.  And  sub- 
sequently,  when  he  represents  Hamilton  as  saying  "  men  always  love  power," 
he  represents  him  as  adding  the  observation,  "  and  states  will  prefer  particu- 
lar concerns  to  the  general  welfare."  In  No.  15  of  the  Federalist,  after 
speaking  of  the  perpetual  effort  "  of  the  states,  or  inferior  orbs,  to  fly  off  from 
the  common  centre,"  Hamilton  observes :  "  This  tendency  is  not  difficult  to 
be  accounted  for — it  has  its  origin  in  the  love  of  power.  Power  controlled,  or 
abridged,  is  almost  always  the  rival  and  enemy  of  that  power  by  which  it  is 
controlled  or  abridged."  The  third  support  stated  by  Hamilton,  Madison 
says,  was  "  an  habitual  attachment  by  the  people."  Yates  concurs  with  the 
brief,  in  stating  it  to  be  "  an  habitual  sense  of  obligation."* 

A  more  remarkable  feature  in  this  report  is,  that  Madison,  in  order  to  leave 
the  impression  that  Hamilton  contemplated  a  monarchy,  omits  the  declara- 
tion ascribed  to  him  by  Yates.  "  /  despair  that  a  republican  form  of  gov. 
ernment  can  remove  the  difficulties.    Whatever  may  be  my  opinion,  I  would 

*  Yates,  191.  If  this  should  be  called  a  verbal  difference,  it  will  be  recollected  that  Hamilton 
ie  said  to  have  acknowledged  "  the  fidelity  of  his  report,  without  suggesting  more  than  a  very 
few  verbal  alterations."     Would  he  not  have  suggested  an  alteration  of  this  error  7 


286  THE   KEPUBLIC.  [1.787. 

Thej^r^^  of  these  declared  that  the  "legislative  power 
should  be  vested  in  an  assembly  and  senate,  subject  to  a 
negative ;  the  executive  power,  with  specified  qualifica- 
tions, in  a  president  of  the  United  States ;  and  the  supreme 
judicial  authority,  with  certain  exceptions,  in  a  supreme 
court,  to  consist  of  not  less  than  six,  nor  more  than  twelve, 
judges. 

The  assembly  of  representatives  were  (by  the  second  ar- 
ticle) to  be  chosen  by  the  free  male  citizens  and  inhabitants 
of  the  several  states  in  the  union,  all  of  whom,  of  the  age 
of  twenty-one  years  and  upwards,  were  to  be  entitled  to 
an  equal  vote.  The  first  assembly  was  to  consist  of  one 
hundred  members,  which  were  distributed  among  the 
states — the  most  populous  state,  Virginia,  having  sixteen, 
and  the  least  populous,  Delaware,  having  two  representa- 
tives.    The  whole  number  was  never  to  be  less  than  one 


hold  it,  however,  unwise  to  change  that  form  of  government.''''^  Thus  con. 
curring  with  the  declaration  previously  more  accurately  given,  in  his  own 
language,  "  that  the  repubhcan  theory  ought  to  be  adhered  to  in  this  country 
as  long  as  there  was  any  chance  of  its  success ;  that  the  idea  of  a  perfect  equal- 
ity of  all  political  rights  among  the  citizens,  exclusive  of  all  permanent  and 
hereditary  distinctions,  was  of  a  nature  to  engage  the  good  wishes  of  every 
good  man,  10 Aa/e«er  might  be  his  theoretic  doubts;  that  it  merited  his  best 
efforts  to  give  success  to  it  in  practice  ;  that  hitherto,  from  an  incompetent 
structure  of  the  government,  it  had  not  had  a  fair  trial ;  and  that  the  en- 
deavour ought  then  to  be,  to  secure  to  it  a  better  chance  of  success,  by  a  gov- 
ernment more  capable  of  energy  and  order." 

No  true  friend"  of  his  fame  can  regret  that  he  entertained,  and,  entertain- 
ing,  expressed  these  theoretic  doubts  ;  and  it  is  the  sublimest  aspect  of  his 
character,  that,  in  despite  of  these  doubts,  he  devoted  "  the  best  efforts"  of 
his  life  to  give  this  experiment  of  "  a  perfect  equality  of  political  rights,  suc- 
cess in  practice." 


*  Madison,  893,  says  in  a  note  :  "  The  explanatory  observations,  which  did  not  immediately 
follow,  were  to  have  been  furnished  by  Mr.  H.,  who  did  not  find  leisure  at  the  time  to  write  them 
out,  and  they  were  not  obtained."  It  is  not  probable  Hamilton,  approving  his  report  of  the 
speech,  as  he  alleges,  would  have  omitted  such  important  explanatory  observations.  But  :f  he 
did  so  omit  them,  it  was  incumbent  upon  Madison  to  have  given  the  substance  of  them.  On 
readuig  them,  the  motive  to  this  omission  becomes  obvious. 


^T.  80.]  HAMILTON.  287 

hundred,  nor  more  than  a  given  number,  which  was  not 
fixed,  to  be  apportioned  among  the  states  by  a  decennial 
census  of  the  whole  number  of  free  persons,  except  In- 
dians not  taxed,  and  three-fifths  of  all  other  persons :  the 
term  of  service  was  to  be  determined  by  the  legislature,  but 
was  not  to  exceed  three  years,  and  to  commence  and  end 
the  same  day.  It  was  to  choose  its  own  officers,  to  judge 
and  decide  on  the  qualifications  and  elections  of  its  mem- 
bers, and  to  have  the  exclusive  power  of  impeachment ; 
but  the  concurrence  of  two-thirds  was  necessary  to  im- 
peach a  senator. 

Revenue  bills  and  appropriations  for  the  support  of 
fleets  and  armies,  and  for  the  salaries  of  the  officers  of  gov- 
ernment, were  to  originate  in  this  body,  but  might  be  al- 
tered or  amended  by  the  senate.  The  acceptance  of  of- 
fice under  the  United  States,  vacated  a  seat  in  it.  Thus, 
in  the  constituency  of  this  branch  of  the  government,  (all 
the  citizens  and  inhabitants  of  the  union,)  the  principle  of 
UNIVERSAL  SUFFRAGE  was  rccogniscd,  and  the  democratic 
interests  were  fully  represented.  Its  power  over  the  purse, 
the  sword,  and  over  impeachments,  gave  it  the  means  to 
resist  usurpation,  and  rendered  it  an  efficient  counterpoise 
to  the  more  durable  members  of  the  government,  and  the 
natural  guardian  of  the  rights  and  liberties  of  the  people. 

The  third  article  related  to  the  second  branch  of  the  le- 
gislature. The  senate  were  also  representatives  of  the 
people,  but  under  the  modifications  that  the  senators  were 
to  be  chosen  by  electors  elected  in  districts  of  the  states 
for  that  purpose,  and  only  by  persons  who  had  an  estate 
in  land  for  life,  or  for  an  unexpired  term  of  not  less  than 
fourteen  years.  The  first  senate  was  to  be  apportioned 
among  the  states  as  the  convention  should  decide.  For 
the  purpose  of  future  elections,  the  states  which  had  more 
than  one  senator,  were  to  be  divided  into  convenient  dis- 
tricts, to  which  senators  were  to  be  apportioned.     A  state 


288  '     THE  EEPUBLIO.  [1787. 

having  one  senator,  to  be  a  district.  In  case  of  death,  re- 
signation, or  the  removal  of  a  senator  from  office,  his  place 
w^as  to  be  supplied  by  a  new  election  in  the  district  from 
which  he  came  ;  and  upon  each  election  there  were  not  to 
be  less  than  six  nor  more  than  twelve  electors  chosen  in 
a  district.  The  senate  was  never  to  consist  of  less  than 
forty  members,  nor  was  any  state  to  have  a  less  number 
than  that  originally  allotted  to  it ;  but  the  number  might 
be  increased  in  proportion  to  the  whole  number  of  repre- 
sentatives in  the  ratio  of  forty  to  one  hundred  ;  the  increase 
to  be  apportioned  among  the  states  according  to  the  re- 
spective numbers  of  their  representatives.  ,The  senators 
were  to  hold  during  good  behaviour,  removable  only  by 
conviction  on  impeachment  for  some  crime  or  misdemea- 
nor, and  might  vote  by  proxy,  but  no  senator  present  was 
to  hold  more  than  two  proxies.  To  the  senate,  thus  repre- 
senting the  numbers  and  property  of  the  country,  compo- 
sing a  not  numerous  body,  and  removed  from  immediate 
popular  influences  and  passions,  were  confided  the  sole 
power  of  declaring  war,  and  a  control  over  the  patronage 
of  the  government,  by  requiring  its  consent  to  executive 
appointments,  which  .consent  was  also  necessary  to  the 
ratification  of  treaties. 

By  the  fourth  article^  the  president  was  to  be  elected  by 
electors  chosen  by  electors  chosen  by  the  people  in  election 
districts.  The  first  electors  of  each  state  were  to  be  equal 
in  number  to  the  whole  number  of  senators  and  represen- 
tatives of  such  state  in  the  national  legislature.  They  were 
to  be  chosen  by  its  citizens  having  an  estate  of  inheritance, 
or  for  three  lives  in  land,  or  a  clear  personal  estate  of  the 
value  of  a  thousand  Spanish  dollars  of  the  then  standard. 
These  first  electors  of  each  state,  meeting  together,  were 
to  vote  for  a  president  by  ballot,  not  being  one  of  their 
own  number.  Then  they  were  to  nominate  openly  two 
persons  as  second  electors  ;  and  out  of  the  nominees  having 


^T.  80.]  HAMILTON.  289 

the  four  highest  numbers,  were  to  choose  by  ballot,  by  plu- 
rality of  votes,  two  who  were  to  be  the  second  electors  of 
each  state.  These  second  electors,  neither  of  whom  could 
be  voted  for  as  president,  were  to  meet  on  an  appointed 
day,  and  in  the  presence  of  the  chief-justice,  or  of  a  senior 
judge  of  the  supreme  court  of  the  United  States,  were  to 
open  the  lists  of  the  persons  voted  for  by  ihe  first  electors. 
The  person  having  a  majority  of  the  whole  number,  was 
to  be  president.  If  there  was  not  a  majority,  then  the  se- 
cond electors  were  to  vote  for  one  of  the  three  persons 
having  the  highest  number  of  the  votes  of  the  first  electors  ; 
and  the  person  having  a  number  of  votes  equal  to  a  ma- 
jority of  the  whole  number  of  the  second  electors  chosen, 
was  to  be  the  president.  But  if  no  such  second  choice 
should  be  made,  then  the  person  having  the  highest  num- 
ber of  votes  of  the  first  electors,  was  to  be  president.  By 
this  complicated  process,  it  was  hoped  to  obtain  a  correct- 
ed expression  of  the  public  wishes  in  the  choice  of  the 
chief  magistrate,  who  was  still  the  representative  of  the 
people. 

The  president  was  to  take  an  oath,  "  faithfully  to  exe- 
cute his  office,  and  to  the  utmost  of  his  judgment  and  power 
to  protect  the  rights  of  the  people,  and  preserve  the  con- 
stitution inviolate."  He  was  to  hold  his  office  during  good 
behaviour,  removable  only  by  convictiop  upon  impeach- 
ment of  some  crime  or  misdemeanor.  He  was  to  have 
power  to  convene  and  to  prorogue  the  legislature  ;  to  have 
a  negative  on  the  acts  and  resolutions  of  the  assembly  and 
senate  ;  to  take  care  that  the  laws  be  faithfully  executed ;  to 
be  commander-in-chief  of  the  army,  navy,  and  militia ;  and 
to  have  the  direction  of  war  when  commenced,  but  not  to 
take  the  actual  command  in  the  field  without  the  consent 
of  the  senate  and  assembly  ;  to  have  the  absolute  appoint- 
ment of  the  chief  officers  of  the  four  great  executive  de- 
partments, and  the  nomination,  and,  with  the  advice  of  the 
Vol.  III.— 19 


290  THE  EEPUBLIO.  [1787. 

senate,  the  appointment  of  all  other  officers,  except  such 
as  were  differently  provided  for  by  the  constitution,  re- 
serving to  the  legislatures  the  power  of  appointing  by  name, 
in  their  laws,  persons  to  execute  special  trusts,  and  leaving 
to  ministerial  officers  the  appointment  of  their  deputies. 
He  might  fill  vacancies  temporarily  in  the  recess  of  the 
senate,  and  could  pardon  all  offences  except  treason,  which 
required  the  assent  of  the  senate  and  assembly.  He  might 
be  impeached  by  two-thirds  of  the  legislature,  two-thirds 
of  each  house  concurring.  If  convicted,  to  be  removed 
from  office,  and  then  tried  and  punished  in  the  ordinary 
course  of  law.  His  impeachment  was  to  operate  as  a  sus- 
pension, until  determined.  His  compensation  was  to  be 
fixed,  and  not  to  be  increased  or  diminished  during  his 
term  of  service.  If  he  departed  the  United  States,  his  of- 
fice was  abdicated. 

The  president  of  the  senate  was  to  be  vice-president ; 
to  exercise  all  the  powers  of  the  president  in  case  of  his 
death,  resignation,  impeachment,  removal  from  office,  or 
absence  from  the  United  States,  until  another  was  chosen. 

The  chief-justice,  and  other  judges  of  the  supreme  court, 
were  {hy  the  fifth  article)  to  hold  during  good  behaviour, 
removable  by  impeachment  and  conviction.  They  were 
to  have  original  jurisdiction  in 'all  causes  in  which  the 
United  States  shall  be  a  party ;  in  all  controversies  between 
the  United  States  and  a  particular  state,  or  between  two 
or  more  states,  except  questions  of  territory;  in  all  cases 
affecting  foreign  ministers,  consuls,  and  agents :  and  an  ap- 
pellate jurisdiction,  both  as  to  law  and  fact,  in  all  cases 
concerning  the  citizens  of  foreign  nations  ;  in  all  questions 
between  the  citizens  of  different  states,  and  in  all  others  in 
which  the  fundamental  rights  of  the  constitution  were  in- 
volved, subject  to  specified  exceptions,  and  to  the  regula- 
tions of  the  legislature.  The  judges  of  all  courts  which 
might  be  constituted  by  the  legislature,  were  also  to  hold 


iET.  30.]  '  HAMILTON.  291 

auring  good  behaviour,  removable  by  impeachment,  and 
were  to  have  competent  salaries,  to  be  paid  at  stated  times, 
and  not  to  be  diminished  during  their  continuance  in  office  ; 
but  the  legislatures  might  abolish  the  courts  themselves. 

All  crimes,  except  on  impeachment,  were  to  be  tried  by 
a  jury  of  twelve  men,  in  the  state  where  committed  ;  and 
all  civil  causes  arising  under  the  constitution,  before  triable 
by  jury  in  the  states,  were  also  to  be  tried  by  jury,  unless 
two-thirds  of  the  national  legislature  should,  in  special 
cases,  concur  in  a  different  provision. 

When  offices  were  of  such  duration  as  good  behaviour, 
it  was  felt  to  be  highly  important  to  provide  an  efficacious 
and  independent  tribunal  of  impeachment ;  and  as  not  only 
the  rights  of  the  nation,  but  of  the  states,  were  to  be  guarded, 
to  have  reference  in 'its  constitution  to  the  general  and  par- 
ticular governments. 

With  this  view,  a  court  of  impeachment  was  to  be  insti- 
tuted, by  which  the  president,  vice-president,  the  senators, 
governors,  and  presidents  of  the  states,  the  principal  offi- 
cers of  the  great  executive  departments,  ambassadors  and 
public  ministers,  judges  of  the  supreme  court,  generals  and 
admirals  of  the  navy,  were  to  be  tried.  This  court  was  to 
consist  of  the  judges  of  the  supreme  court,  and  of  the  chief 
justice,  or  first  or  senior  judge,  of  the  supreme  court  of  law 
of  each  state,  of  whom  twelve  were  to  compose  a  court, 
and  a  majority  might  convict.  All  other  persons,  when 
impeached,  were  to  be  tried  by  a  court  to  consist  of  the 
judges  of  the  supreme  court  and  six  senators,  drawn  by 
lot,  a  majority  of  whom  might  convict.  Provisions  were 
made  for  conducting  these  impeachments.  Such  was  to 
have  been  the  permanent  structure  of  this  government. 

The  danger  of  collisions  between  the  states,  arising  out 
of  confficting  claims  of  territory,  had  been  presented  to 
Hamilton,  in  the  progress  of  the  controversy  between  New- 
York  and  Vermont.     Other  claims  were  unsettled.     He 


292  THE  EEPUBLIO.  [1787. 

proposed  (in  a  sixth  article)  that  a  court  should  be  formed, 
when  territorial  controversies  should  arise,  of  persons  to 
be  nominated  by  the  controverting  states,  not  their  own 
citizens,  double  the  number  of  the  judges  of  the  supreme 
court,  one-half  of  whom,  elected  by  the  senate,  should, 
with  the  judges  of  that  court,  decide  the  appeal. 

In  the  resolutions  prepared  by  Hamilton  in  seventeen 
hundred  and  eighty-three,  it  is  seen  that  the  leading  defect  of 
the  confederation  proposed  to  be  corrected  by  him  was,  its 
"  confining  the  federal  government  within  too  narrow  limits ; 
withholding  from  it  that  efficacious  autlwrity  and  influence  in 
all  matters  of  general  concern,  which  are  indispensable  to 
the  harmony  and  welfare  of  the  whole  ;  embarrassing  gen- 
eral provisions  by  unnecessary  details  and  inconvenient  ex- 
ceptions, incompatible  with  their  nature,  tending  only  to  cre- 
ate jealousies  and  disputes  respecting  the  proper  bounds  of 
the  authority  of  the  United  States,  and  that  of  the  particular 
states,  and  a- mutual  interference  of  the  one  with  the  other." 

It  was  a  settled  maxim  in  his  mind,  "  that  a  government 
ought  to  contain  within  itself  every  power  requisite  to  the 
full  accomplishment  of  the  objects  committed  to  its  care, 
and  to  the  complete  execution  of  the  trusts  for  which  it  is 
responsible  ;  free  from  every  other  control  but  a  regard 
for  the  public  good,  and  to  the  sense  of  the  people." 

Another  maxim  was,  "  that  every  power  ought  to  be 
commensurate  with  its  object ;  that  there  ought  to  be  no 
limitation  of  a  power  destined  to  affect  a  purpose  which  is 
of  itself  incapable  of  limitation."  Applying  these  enlarged 
and  obvious  principles,  and  having  sought  to  guard,  in  the 
structure  of  the  government,  against  an  abuse  of  its  pow- 
ers, he  declared,  in  the  seventh  article  of  this  constitution, 
that  "  the  legislature  of  the  United  States  shall  have  power 
to  pass  all  laws  which  they  shall  judge  necessary  to  the 
common  defence  and  general  welfare  of  the  union." 

As  a  check  upon  this  power,  every  act,  bill,  or  resolu- 


^T.  30.J  HAMILTON.  293 

tion,  was  to  have  the  assent  of  the  president,  which,  if  not 
given  within  ten  days  after  such  act  being  presented  to 
him,  was  to  become  a  law,  of  which  the  enacting  style 
was  to  be,  that  it  was  "  enacted  by  the  people  of  the  Uni- 
ted States  of  America ;"  thus  recognising  in  every  exer- 
cise of  legislative  power  the  sovereignty  and  unity  of  the 
American  pedple.  This  general  power  was  followed  by 
the  declaration  of  a  few  general  restrictions  in  the  nature 
of  a  bill  of  rights,  either  suggested  by  the  experience  of 
this  country,  or  having  reference  to  the  nature  of  the  gov- 
ernment. 

The  danger  of  legislative  tyranny,  and  of  retrospective 
laws,  not  only  to  the  domestic  peace,  but  to  the  foreign 
relations  of  the  country,  had  been  too  immediately  before 
him  not  to  have  commanded  his  attention.  To  provide 
an  efficient  check  to  such  pernicious  proceedings,  he 
framed  a  clause  declaring  "  that  no  bill  of  attainder  or 
ex  post  facto  law  shall  be  passed  ;"  and  adopting  the  lan- 
guage of  the  articles  of  the  confederation,  and  thus  add- 
ing guards  to  the  republican  system,  he  provided  that  no 
title  of  nobility  should  be  granted  by  the  United  States,  or 
either  of  them,  and  that  no  person  holding  any  office  or 
trust  under  the  United  States  should,  without  permission 
of  the  legislature,  accept  any  present,  emolument,  office,  or 
title,  from  a  foreign  prince  or  state.  •'  The  prohibition  of 
titles  of  nobility,"  he  said,  "  may  truly  be  denominated  the 
corner-stone  of  republican  government ;  for,  so  long  as 
titles  of  nobility  are  excluded,  there  can  never  be  serious 
danger  that  the  government  will  be  any  other  than  that  of 
the  people." 

To  preclude  the  recurrence  of  such  an  attempt  as  he 
had  recently  defeated  in  the  assembly  of  New- York,  and 
carrying  out  the  principle  which  is  seen  in  his  system  of 
public  instruction,  he  embodied  in  the  constitution  the 
proviso,  so  important  to  the  interests  of  religion,  to  free- 


294  THE   REPUBLIC.  [1787. 

dom  of  opinion,  and  to  the  peace  of  society,  "  nor  shall 
any  religious  sect,  or  denomination,  or  religious  test  for 
any  office  or  place,  be  ever  established  by  law." 

In  forming  a  government  founded  upon  a  full  recogni- 
tion of  the  sovereignty  of  the  people,  it  is  seen  that  he  had 
apportioned  the  representation  to  the  number  of  free  in- 
habitants ;  thus  following  this  great  principle  to  its  appro- 
priate result.  But  in  apportioning  the  direct  contribu- 
tions of  the  states  to  the  public  treasury,  there  being  no 
common  measure  of  a  nation's  wealth,  he  took  a  basis 
which,  in  the  peculiar  condition  of  this  country,  promised 
a  nearer  approach  to  equality  than  any  other.  "  Taxes 
on  lands,  houses,  and  other  real  estate,  and  capitation 
taxes,  were  to  be  proportioned  in  each  state  to  the  w^hole 
number  of  free  persons,  except  Indians  not  taxed,  and 
three-fifths  of  all  other  persons." 

As  the  command  over  the  purse  of  the  nation  was  m- 
tended  by  him  to  be  a  real  check  upon  the  action  of  the 
government,  and  with  this  view^  the  originating  revenue 
bills  had  been  given  to  the  popular  branch,  he  provided 
"  that  the  two  houses  might  by  joint  ballot  appoint  a  trea- 
surer of  the  United  States,"  thus  securing  the  custody  of  the 
revenues  of  the  nation  to  the  department  it  had  intrusted 
with  raising  and  appropriating  them. 

A  government  performing  its  great  office  of  providing 
for  the  common  defence  and  safety,  and  for  the  general 
welfare,  by  its  own  comprehensive  organs,  acting  upon  indi- 
viduals, the  only  proper  objects  of  government,  would 
perhaps  have  possessed  a  sufficiently  central  power  to  have 
maintained  its  due  ascendency.  But  as  the  state  govern- 
ments were  to  continue  in  order  to  prevent  collision,  it  was 
declared  that  the  laws  of  the  United  States,  and  treaties 
made  under  the  articles  of  the  confederation,  and  to 'be 
made  under  the  constitution,  were  to  be  the  supreme  law 
of  the  land,  and  to  be  so  construed  by  the  several  courts  of 


^T.  30.]  HAMILTON.  295 

the  several  states.  The  legislature  was  to  convene  once  in 
each  year,  which,  unless  otherwise  provided  for  by  law, 
should  be  on  the  first  Monday  in  December ;  to  receive  a 
reasonable  compensation  fixed  by  law,  no  succeeding  as- 
sembly to  increase  its  own  compensation. 

The  preceding  injunction,  that  the  laws  and  treaties  of 
the  United  States  "  shall  be  the  supreme  law  of  the  land," 
obligatory  on  all  the  courts,  guarded  against  conflicts  with 
the  legislation  of  the  states,  and  in  theory  secured  the  ne- 
cessary supremacy  to  the  judiciary  power  of  the  general 
government ;  but  that  power  might  be  rendered  nugatory 
by  a  defective  execution  of  those  laws.  The  position  of 
New  York  at  that  moment  indicated  the  danger  to  be  ap- 
prehended from  the  executive  trust  of  the  states  being  in- 
dependent of  the  government  of  the  union. 

To  provide  against  both  these  evils,  he  declared  (m  the 
eighth  article)  that  the  governor  or  president  of  each  state 
shall  be  appointed  by  the  authority  of  the  United  States, 
shall  have  a  negative  on  all  laws  about  to  be  passed  in  the 
state  of  which  he  shall  be  governor  or  president,  subject  to 
such  regulations  as  the  legislature  of  the  United  States 
shall  prescribe,  but  in  all  other  respects,  except  as  to  the 
appointment  of  the  officers  of  the  militia,  to  have  the  same 
powers  the  constitution  of  the  states  then  did  or  should 
allow.  Each  governor  or  president  of  a  state  was  to 
hold  his  office  until  a  successor  was  actually  appointed, 
which  could  not  be  during  the  recess  of  the  senate,  "  un- 
less he  died,  resigned,  or  was  removed  on  impeachment." 

The  officers  of  the  militia  might  be  appointed  under  the 
authority  of  the  United  States,  unless  its  legislature  au- 
thorized their  appointment  by  the  governors  or  presidents 
of  the  states  ;  and,  to  avoid  any  obstruction  from  that 
source,  the  governors  and  presidents  of  the  states  at  the 
time  of  the  ratification  of  the  constitution,  were  to  con- 
tinue in  office  in  the  same  manner,  and  with  the  same  pow- 


296  THE  REPUBLIC.  [1787. 

ers,  as  if  they  had  been  appointed  by  the  president  and 
senate  of  the  United  States. 

"  If  it  be  possible,"  Hamilton  observed,  "  to  construct  a 
federal  government  capable  of  regulating  the  common 
concerns,  and  preserving  the  general  tranquillity,  it  must 
carry  its  agency  to  the  persons  of  its  citizens.  It  must 
stand  in  need  of  no  intermediate  legislations,  but  must  it- 
self be  empow^ered  to  employ  the  arm  of  the  ordinary 
magistrate  to  execute  its  own  resolutions.  The  majesty 
of  the  national  authority  must  be  manifested  through  the 
medium  of  the  courts  of  justice.  The  government  of  the 
union,  like  that  of  each  state,  must  be  able  to  address  itself 
immediately  to  the  hopes  and  fears  of  individuals,  and  to 
attract  to  its  support  those  passions  which  have  the  strong- 
est influence  upon  the  human  heart.  It  must,  in  short, 
possess  all  the  means,  and  have  a  right  to  resort  to  all  the 
methods,  of  executing  the  powers  with  which  it  is  intrust- 
ed, that  are  possessed  and  exercised  by  the  governments 
of  particular  states." 

Under  this  important  provision  as  to  the  appointments 
of  these  governors  and  presidents,  the  administration  of 
the  general  government,  pervading  the  states,  would  have 
executed  itself,  while  their  legislatures  would  have  retained 
the  control  of  that  part  of  internal  police  which  relates 
"  to  the  rights  of  property  and  life  among  individuals,  the 
administration  of  justice,  the  supervision  of  agriculture, 
and  of  such  things  as  are  proper  for  local  legislation." 
The  advantages  would  thus  have  been  attained  of  the  re- 
productiveness  of  the  civil  power,  and  of  its  diffusive  force 
throughout  the  whole  extent  of  the  republic,  and  the  state 
legislatures  would  have  ^cted  as  sentinels  to  warn  against 
the  first  approach  of  usurpation. 

The  ninth  article  provided  that  the  president  must  then 
be  "  a  citizen  of  one  of  the  states,  or  hereafter  be  born  a 
citizen  of  the  United  States ;"  that  senators  and  represen- 


^T.  30.]  HAMILTON".  297 

tatives  must  be  citizens  and  inhabitants  of  the  state  in 
which  they  were  chosen. 

Prompted  by  the  recent  proceedings  in  New-York,  he 
also  provided  that  no  person  ehgible  as  president,  or  to  the 
legislature,  shall  be  disquahfied  but  by  the  conviction  of 
some  offence  for  which  the  law  shall  have  previously  or- 
dained the  punishment  of  disqualification ;  but  that  the 
legislature  might  provide  by  law  that  persons  holding 
offices  under  the  United  States,  or  either  of  them,  shall  not 
be  eligible  to  the  assembly,  and  "  shall  be,  during  their  Con- 
tinuance in  office,  suspended  from  sitting  in  the  senate." 
The  citizens  of  each  state  were  to  be  entitled  to  all  the 
immunities  of  citizens  of  other  states,  and  full  faith  and 
credit  was  to  be  given  to  the  public  acts,  records,  and  ju- 
dicial proceedings  of  each ;  fugitives  from  justice  were 
to  be  delivered  up ; — provisions  taken  from  the  articles  of 
confederation.  No  new  state  was  to  be  formed  without 
the  concurrent  consent  of  the  United  States,  and  of  the 
states  concerned ;  but  new  states  might  be  admitted  by 
the  general  legislature  into  the  union.  The  United  States 
were  declared  bound  to  guaranty  a  republican  form  of 
government  to  each  state,  and  to  protect  it  as  well  against 
domestic  violence  as  against  foreign  invasion  ;  a  provision 
drawn  from  the  propositions  of  Randolph,  but  essentially 
enlarged — supplying,  as  Hamilton  observed,  "  a  capital  im- 
perfection" in  the  articles  of  the  confederation. 

All  treaties,  contracts,  and  engagements  under  those  ar- 
ticles, were  to  have  equal  validity  under  the  constitution  ; 
no  state  could  enter  into  a  treaty  or  alhance  with  another, 
or  with  a  foreign  power,  withj)ut  the  consent  of  the  United 
States.  The  members  of  the  legislature  of  the  United 
States  and  of  each  state,  and  all  officers,  executive  and 
judicial,  were  to  take  an  oath  or  affirmation  to  support  the 
constitution  of  the  United  States. 

Though  a  change  of  government  would  not  have  dis- 


298  THE  EEPUBLIO.  [1787. 

solved  existing  treaties  not  inconsistent  with  its  principles, 
yet  Hamilton's  knowledge  of  the  distinctions  of  interna- 
tional law  would  teach  him  the  importance  of  a  full  and 
explicit  declaration  on  this  important  subject,  as  a  guard 
of  the  interests  and  of  the  faith  of  the  nation.  In  the  ab- 
solute prohibition  of  treaties  by  the  stales  with  foreign 
powers,  the  restrictive  clause  of  the  confederation  was  ex- 
tended, and  the  requisition  of  an  oath  to  support  the  con- 
stitution was  a  useful  additional  bond.  Amendments  to  it 
wepe  to  be  proposed  by  two-thirds  of  both  houses,  to  be 
ratified  by  the  legislatures  or  conventions  in  two-thirds  of 
the  states. 

Finally,  to  secure  the  immediate  operation  of  the  new 
system,  and  to  give  it  the  solemn  sanction  of  the  people, 
it  was  provided  {in  the  tenth  article)  that  the  constitution 
should  be  submitted  to  conventions  of  the  People  of  each 
state,  by  their  deputies,  chosen  under  the  direction  of  their 
respective  legislatures  ;  that  each  convention  ratifying  the 
constitution  should  appoint  the  first  representatives  and 
senators  from  such  state,  the  representatives  so  appointed 
to  continue  in  office  only  one  year. 

When  the  constitution  shall  have  been  duly  ratified,  con- 
gress were  to  give  notice  of  a  day  and  place  of  meeting 
of  the  senators  and  representatives  from  the  several  states ; 
a  majority  of  whom,  when  assembled,  it  was  provided, 
shall,  by  plurality  of  voices  in  joint  ballot,  elect  a  president 
of  the  United  States,  "  and  the  constitution,  thus  organized, 
shall  be  carried  into  effect." 

From  this  abstract  it  will  be  seen,  though  Hamilton 
would  have  made  use  of  the  state  governments  for  certain 
purposes,  thus  completely  refuting  the  allegation  that  he 
contemplated  their  abrogation,  yet  it  was  his  desire  to 
have  established  a  simple  government  pervading  the  whole 
union  and  uniting  its  inhabitants  as  one  people.  As  it  was 
necessary  that  "  each  department  should  have  a  will  of  its 


iET.  30.]  HAMILTON.  299 

own,"  this  government  was  so  constituted  tnat  the  mem- 
bers of  each  had  no  agency  in  the  appointment  of  the 
others,  and,  with  the  exception  of  the  judiciary,  each  was 
"  drawn  from  the  same  fountain  of  authority,  the  people, 
and  through  channels  having  no  communication  whatever 
with  one  another."  "  In  the  constitution  of  the  judiciary 
in  particular,"  Hamilton  remarked,  "it  might  be  inexpedient 
to  insist  rigorously  on  the  principle  ;  because  peculiar  quali- 
fications being  essential  in  the  members,  the  primary  con- 
sideration ought  to  be  to  select  that  mode  of  choice  which 
best  secures  these  qualifications,  and  because  the  perma- 
nent tenure  by  which  the  appointments  are  held  in  that 
department  must  soon  destroy  all  sense  of  dependence  on 
the  authority  conferring  them." 

***  It  is  equally  evident,"  he  observed,  "  that  the  members 
of  each  department  should  be  as  little  dependent  as  possi- 
ble on  those  of  the  others,  for  the  emoluments  annexed  to 
their  offices :"  hence  is  seen  the  provision  that  the  compen- 
sation of  the  executive  and  the  judiciary  should  be  fixed  by 
law ;  that  of  the  judges  not  to  be  diminished  during  their 
term,  and  to  guard  against  executive  influence,  that  of  the 
president  to  be  neither  increased  nor  diminished.  "  In 
framing  a  government  which  is  to  be  administered  by  men 
over  men,  the  great  difficulty,"  he  said,  "  lies  in  this — you 
must  first  enable  the  government  to  control  the  governed, 
and,  in  the  next  place,  oblige  it  to  control  itself.  A  de- 
pendence on  the  people  is,  no  doubt,  a  primary  control  on 
the  government ;  but  experience  has  taught  mankind  the 
necessity  of  auxiliary  precautions."  Of  these,  the  chief 
was  "in  the  distribution  of  the  supreme  powers  of  the 
state."  "  But  it  is  not  possible,"  he  observed,  "  to  give  to 
each  department  an  e(|\ial  power  of  self-defence.  In  re- 
publican governments,  the  legislative  authority  necessarily 
predominates.  The  remedy  for  this  inconvenience  is,  to 
divide  the  legislature  into  different  branches ;  and  to  ren- 


300  THE   KEPUBLIO.  [1787. 

der  them  by  different  modes  of  election,  and  different  prin- 
ciples of  action,  as  little  connected  with  each  other  as  the 
nature  of  their  common  functions  and  their  common  de- 
pendence on  the  society  will  admit."  With  these  views 
in  the  structure  of  this  government,  while  by  the  frequent 
choice  of  the  popular  branch  elected  by  universal  suffrage, 
the  democratic  influence  was  to  be  constantly  renewed 
and  invigorated,  in  the  duration  of  the  senate  and  execu- 
tive chosen  by  constituents  with  property  quahfications,  he 
hoped  to  secure  efficient  and  enduring  checks  on  the  im- 
petuosity and  instability  of  the  many.  The  power  of  the 
people  was  to  be  kept  up  by  a  constitutional  augmentation 
of  the  number  of  these  representatives ;  and  thus  the  bar- 
rier against  executive  usurpation,  if  attempted,  was  steadily 
strengthened ;  and  "  as  the  weakness  of  the  executive," 
he  remarked,  "  may  require  that  it  should  be  fortified,"  he 
gave  him  an  "  absolute  negative  on  the  legislature,  as  the 
natural  defence  with  which  the  executive  magistrate 
should  be  armed." 

Having  provided  these  precautions,  by  the  deposit  of 
the  national  trusts  with  representatives  of  different  inter- 
ests freely  chosen  by  the  people,  and  holding  by  a  respon- 
sible and  defeasible  tenure,  governed  by  the  great  maxims 
previously  stated,  he  empowered  the  legislature  "  to  pass 
all  laws  necessary  to  the  common  defence  and  safety,  and 
to  the  general  welfare  of  the  union." 

It  would  require  an  elaborate  commentary  to  indicate 
the  character  and  adaptation  of  the  more  minute  parts  of 
this  frame  of  government  to  their  several  purposes,  nor 
will  its  qualities  be  more  fully  discussed.  If  intrinsic  de- 
fects are  seen,  they  are  defects  resulting  from  the  inhe- 
rent difficulty  of  imparting  the  necessary  and  safe  vigour 
and  stabihty  to  repubhcan  institutions,  which  exclude  the 
principle  of  hereditary  power. 

But  in  this  approach  "  to  the  confines  of  another  govern- 


^T.30.]  HAMILTON.  301 

ment"  without  a  departure  from  the  republican  theory,  is 
seen  a  remarkable  manifestation,  both  of  the  fertility  of 
his  genius,  and  of  the  severe  and  provident  control  of  his 
reason  and  experience.  It  would  not  be  easy  to  pronounce 
on  the  probable  working  of  such  a  system,  but  the  subse- 
quent history  of  the  country  gives  abundant  evidence, 
that  a  departure  from  some  of  its  principles  has  neither 
added  security  to  liberty  nor  promoted  the  general  wel- 
ware. 

NOTE. 

Two  autograpli  papers  exist  among  the  Hamilton  MSS. — One,  a  set  of 
propositions,  containing  an  outline  of  a  plan  of  government.  In  the  Journal 
of  the  Convention,  pp.  130,  131,  132,  a  paper.  Stated  to  have  been  furnished 
by  General  Bloomfield,  executor  to  Mr.  Brearly,  is  given.  A  comparison  of 
this  paper  with  that  of  Hamilton — ^AVorks,  ii.,  393,  4,  5, — shows  its  inaccurracy. 
The  difference  is  in  the  fourth,  seventh,  eighth,  and  ninth  propositions,  in  the 
last  of  which  the  discrepancy  is  of  great  moment.  This  paper  not  having  been 
proposed,  only  read,  ought  not  to  have  been  printed  with  the  Journal,  as  it  does 
not  form  a  part  of  it.  The  other  is  the  full  plan,  of  which  the  preceding 
abstract  is  given.  Differing  statements  exist  in  relation  to  this  matter.  In 
one,  Madison  states,  "  that  he  had  taken  down  the  speech  made"  by  Colonel 
Hamilton  "  at  the  time  he  read  his  plan  of  a  constitution,  which  he  read  as 
illustrative  of  his  views,  not  as  a  project;  and  that  he  had  sent  a  copy  of  this 
plan  and  of  the  speech  to  Dr.  Mason,  who  had  been  at  "Washington,  and  that 
he  had  requested  Dr.  Eustis  to  inquire  of  Dr.  Mason  whether  he  had  received 
them  ;  that  this  was  not  the  plan  on  the  Journal,  that  that  contained  the  same 
views,  but  that  the  plan  he  referred  to  was  a  full  plan,  as  long  as  the  present 
Constitution,  and  so  prepared  that  it  might  have  gone  into  immediate  effect, 
if  it  had  been  adopted."  In  a  letter  to  J.  Q.  Adams,  Nov.  2, 1818,  when  com- 
piling the  Journal,  a  copy  of  which  has  been  recently  obtained  from  the 
Archives  at  Washington,  Madison  states :  "  Col.  Hamilton  did  not  propose  in 
the  Convention  any  plan  of  a  Constitution.  He  had  sketched  an  outline  which 
he  read  as  part  of  a  speech,  observing  that  he  did  not  mean  it  as  a  proposition, 
but  only  to  give  a  more  correct  view  of  his  ideas."  In  the  Life  of  Gouverneur 
Morris,  i.,  284,  is  a  letter  of  Madison,  April  8,  1831,  containing  this  sentence  : 
"  He  "  (Gouverneur  Morris)  "  did  not  propose  any  outline  of  a  constitution,  as 
was  done  by  Hamilton,  but  contended  for  certain  articles,"  «&c. 


302  THE  EEPUBLIO.  [1787. 

An  additional  motive  for  Madison's  allegation,  that  Hamilton  read  and  ap- 
proved his  report  of  his  speech,  has  not  heen  adverted  to,  thus  to  give  Hamil- 
ton's implied  sanction  to  the  preparation  and  preservation  by  Madison  of  the 
debates.  Hamilton's  language  on  this  subject,  that  the  opinions  of  members 
were  not  to  be  divulged,  is  a  complete  refutation  of  this  allegation. 


CHAPTER    XLVII. 

Having  thus  presented  to  the  Convention  the  model  of 
an  efficient  government,  founded  on  the  power  of  the 
people,  Hamilton  now  exerted  all  his  influence,  as  he  said, 
"  to  work  the  members  up  to  a  system  of  competent 
energy  and  stability."  The  result  of  these  eflforts 
may  be  seen  in  the  influence  which  the  opinions  of 
Washington,  however  cautiously  expressed,  would  exert 
over  the  members  of  that  body ;  and  in  the  direction  now 
given  to  Madison's  mind :  both  of  whom,  Hamilton  subse- 
quently stated,  approved  his  views,  "regarding  his  plan  as 
not  exceeding  in  stability  and  strength  what  the  exigen- 
cies of  the  country  required."  "  They  w^ere,"  in  his  own 
words,  "  completely  up  to  the  scheme."* 

On  the  day  after  his  speech  was  delivered,  Madison  ad- 
dressed the  committee.f  He  stated  that  the  confederation 
might  be  dissolved  by  the  infraction  of  any  article  of  it, 
recapitulating  the  instances  in  which  it  had  been  violated. 
The  Jersey  plan  did  not  provide  for  the  ratification  of  the 
states.  Its  judiciary  was  to  have  only  an  appellate  juris- 
diction, without  providing  for  a  second  trial.  We  must 
radically  depart  from  the  federal  plan,  or  share  the  fate 
of  all  confederacies.  The  Jersey  plan  gave  no  checks  on 
the  excesses  of  the  states.  It  did  not  secure  the  internal 
tranquillity,  nor  prevent  foreign  influence. 

*  Note. 

t  The  residue  of  the  debates  is  taken,  with  very  few  exceptions,  from 
rates,  the  general  accuracy  of  which  is  confirmed  by  other  authorities. 


304  THE  REPUBLIC.  [1787. 

How  is  military  coercion  to  enforce  government  ?  Un- 
less we  agree  upon  a  plan,  what  will  be  the  situation  of  the 
smaller  states  ?  If  they  form  partial  confederacies,  must 
they  not  make  larger  concessions  to  the  greater  states  ? 
The  large  states  cannot  assent  to  an  equal  representation. 
If  the  states  were  equalized,  state  distinctions  would  still 
exist.  ^ 

In  reply  to  an  observation  of  Wilson,  Hamilton  remark- 
ed that  he  did  not  intend  yesterday  a  total  extinguishment 
of  state  governments,  but  that  a  national  government  ought 
to  be  able  to  support  itself  without  the  aid  or  interference  of 
the  state  governments,  and  therefore  should  have  full  sove- 
reignty. Even  with  corporate  rights  the  states  will  be 
dangerous  to  the  national  government,  and  ought  to  be 
new  modified,  or  reduced  to  a  smaller  scale.  In  the  course 
of  a  series  of  forcible  and  eloquent  remarks,  King  observ- 
ed that  none  of  the  states  were  at  that  time  sovereign  or 
independent ;  many  of  their  essential  rights  were  vested  in 
congress.  By  the  confederation,  it  possesses  the  rights  of 
the  United  States.  This  is  the  union  of  the  men  of  these 
states.  None  individually  or  collectively,  except  in  con- 
gress, have  the  rights  of  peace,  or  war,  or  treaty.  The 
magistracy  in  congress  possesses  fhe  sovereignty.  As  to 
certain  points,  we  are  now  an  united  people  ;  consolidation 
is  already  established  ;  the  states  are  confederates,  the  con- 
stituents of  a  common  sovereign,  constituted  with  powers 
partly  federal  and  partly  national.  The  alterations  which 
had  been  made,  show  others  can  be  made,  except  the  sub- 
'  version  of  the  states,  which  are  expressly  guarantied.  The 
articles  of  the  confederation  providing  in  themselves  for  an 
alteration,  might  be  so  altered  as  to  give  them  a  national 
character.  "  The  declaration  of  independence,"  Wilson 
said,  "  preceded  the  state  constitutions.  What  does  this 
declare  ?  In  the  name  of  the  people  of  these  states,  we 
are  declared  to  be  free  and  independent.     The  powers  of 


^T.  30.]  HAMILTON.  305 

war,  peace,  alliances,  and  trade,  are  declared  to  be  vested 
in  congress." 

"  I  assent  to  this  remark,"  Hamilton  observed  ;  "  establish 
a  weak  government,  and  you  must,  at  times,  overleap  its 
bounds.  Rome  was  obliged  to  create  dictators.  Cannot 
propositions  be  made  to  the  people  because  we  before  con- 
federated on  other  principles?  The  people  can  grant  the 
powers  if  they  will !  The  great  objects  of  industry  can 
only  be  protected  by  a  general  government."  On  motion 
of  King,  it  was  resolved  by  seven  states  that  the  Jersey 
plan  was  inadmissible. 

Having  thus  obtained  a  decided  expression  of  the  opin- 
ion of  the  convention  against  the  continuance  of  a  mere 
league  with  enlarged  powers,  they  proceeded,  on  the  twen- 
tieth of  June,  again  to  consider  the  Virginia  resolutions. 
After  an  amendment  of  the  first,  so  as  to  declare  that  "  the 
government  of  the  United  States  ought  to  consist  of  a  su- 
preme legislative,  judiciary,  and  executive,"  Lansing  moved 
a  declaration  "  that  the  powers  of  legislation  be  vested  in 
the  United  States  in  congress."*  He  stated  that  if  the  Jer- 
sey plan  was  not  adopted,  it  would  produce  the  mischiefs 
they  were  convened  to  obviate.  That  the  "  principles  of 
that  system  "  were  "  an  equality  of  representation,  and  de- 
pendence of  the  members  of  congress  on  the  states.  That 
as  long  as  state  distinctions  exist,  state  prejudices  would 
operate,  whether  the  election  be  by  the  states  or  the  peo- 
ple." If  there  was  no  interest  to  oppress,  there  was  no 
need  of  an  apportionment.  What  would  be  the  effect  of 
the  other  plan  ?  Virginia  would  have  sixteen,  Delaware 
one  representative.  Will  the  general  government  have 
leisure  to  examine  the  state  laws  ?  Will  it  have  the  neces- 
sary information?  Will  the  states  agree  to  surrender? 
Let  us  meet  public  opinion,  and  hope  the  progress  of  senti 

•  Hamilton's  MSS.  notes,  v.  i.  p.  77. 

Vol.  III.— 20 


306  THE    REPUBLIC.  [1787. 

ment  will  make  future  arrangements.  "  He  would  like  the 
system"  of  his  colleague  (Hamilton)  "if  it  could  be  estab- 
lished,"* but  it  was  "  a  system  without  example." 

Mason  wished  to  preserve  the  state  governments,  and  to 
draw  lines  of  demarcation,  trusting  to  posterity  to  amend. 
He  was  in  favour  of  a  republican  system  with  a  legislature 
of  two  branches. 

Martin  urged  the  grant  of  new  powers,  and  such  a  mo- 
dification of  the  existing  system  as  would  not  endanger  the 
state  governments.  "  The  grant,"  he  said,  "  is  a  state  grant, 
and  the  union  must  be  so  organized  that  the  states  are  in- 
terested in  supporting  it."  After  further  debate,  the  pro- 
position to  vest  the  powers  of  legislation  in  congress  was 
rejected,  and  the  national  plan  was  taken  up.  On  the  ques- 
tion of  constituting  two  branches  of  the  legislature,  Johnson 
observed  "that  the  Jersey  plan  would  preserve  the  state 
governments,  and  thus  was  a  departure  from  that  of  Vir- 
ginia, which,  though  it  concentres  in  a  distinct  national  gov- 
ernment, is  not  wholly  independent  of  those  of  the  states. 

"  A  gentleman  from  New-York,  with  boldness  and  deci- 
sion, proposed  a  system  totally  different  from  both,  and, 
though  he  has  been  praised  by  every  body,  has  been  sup- 
ported by  none.  He  could  have  wished  that  the  support- 
ers of  the  Jersey  system  could  have  been  satisfied  with  that 
of  Virginia,  and  the  individuality  of  the  states  be  sup- 
ported. It  is  agreed  on  all  hands  that  a  portion  of  govern- 
ment is  to  be  left  to  the  states ;  how  can  this  be  done  ? 
By  joining  the  states  in  their  legislative  capacities,  with  the 
right  of  apportioning  the  second  branch  of  the  national 
legislature  to  represent  the  states  individually."  Wilson 
would  try  to  designate  the  powers  of  each.  Madison  ap- 
prehended the  greatest  danger  from  the  encroachments  of 


*  In  the  original  notes,  "  He  would  like  my  system  if  it  could  be  estab- 
lished— system  without  example." 


^T.  30.]  HAMILTON.  307 

the  states ;  an  apprehension  justified  by  experience.  The 
negative  on  the  state  laws  afforded  one  security  to  the  na- 
tional government.  To  draw  the  line  between  the  two 
was  a  difficult  task.  He  believed  it  could  not  be  done,  and 
was  inclined  to  a  general  government.  A  national  legis- 
lature of  two  branches  was  approved. 

On  the  question  of  the  election  of  the  first  branch  by 
the  people,  great  diversity  of  opinion  existed.  Hamilton 
again  declared  himself  in  favour  of  it.  He  observed,*  "  It 
is  essential  to  the  democratic  rights  of  the  community, 
that  this  branch  be  directly  elected  by  the  people.  Let  us 
look  to  probable  events.  There  may  arrive  a  period  when 
the  state  legislatures  may  cease.  Such  an  event  ought  not 
to  embarrass  the  national  government." 

King  concurred  in  support  of  this  principle.  He  believed 
that  the  magistrates  of  the  states  will  ever  pursue  schemes 
of  their  own  ;  and  this  state  policy  will,  if  the  states  elect 
the  first  branch,  pervade  the  national  government,  to  which 
those  of  the  states  will  ever  be  hostile.  After  an  opposite 
view  by  Pinckney  and  Rutledge,  the  resolve,  giving  the 
election  to  the  people,  was  carried,  and  the  duration  of  this 
branch  considered.  It  was  proposed  to  limit  it  to  two  years. 
Sherman  was  for  one.  Hamilton  said,  j-  "  There  is  a  medium ; 
I  confess  three  years  is  not  too  long  a  term :  a  representative 
ought  to  have  freedom  of  deliberation,  and  ought  to  exercise 
an  opinion  of  his  own.  I  am  convinced  the  public  mind 
will  adopt  a  solid  plan  ;  although  the  government  of  New- 
York  is  higher  toned  than  that  of  any  other  state,  yet  the 
electors  are  listless  and  indifferent.  The  public  are  not 
now  ready  to  receive  the  best  plan  of  government,  but  the 
progress  of  circumstances  will  give  it  a  different  complex- 
ion."     A  biennial  term  was  then  adopted. 


•  Yates,  page  149,  omitted  in  Madison's  reports,  926. 
t  Yates,  151.     See  Madison,  931. 


308  THE   REPUBLIC.  rm7. 

On  the  inquiry  as  to  the  compensation  of  the  members, 
Hamihon  remarked  that  "  the  states  ought  not  to  pay  the 
members,  nor  ought  the  amount  to  be  fixed  by  the  consti- 
tution. He  who  pays  is  master.  If  each  state  pays  its 
own  members,  the  burden  being  according  to  their  re- 
spective distances  from  the  seat  of  government,  would  be 
disproportionate.  It  has  been  asserted  that  the  interests 
of  the  general  and  state  legislatures  are  precisely  the  same. 
This  cannot  be  correct.  The  views  of  the  governed  are 
often  materially  different  from  those  who  govern.  The 
science  of  policy  is  the  knowledge  of  human  nature.  A 
state  government  wdll  ever  be  the  rival  power  of  the  gen- 
eral government.  It  is,  therefore,  highly  improper  that 
the  state  legislatures  should  be  the  paymasters  of  the 
national  government.  All  political  bodies  love  power, 
and  it  will  often  be  improperly  attained."*  It  was  re- 
solved that  the  members  should  be  paid  from  the  public 
treasury. 

To  secure  the  representatives  from  influence,  it  had  been 
proposed  to  render  them  ineligible  to  any  office  establish- 
ed by  a  particular  state,  or  by  the  United  States,  during 
their  term  of  service.  It  was  now  proposed  to  expunge 
the  clause  w^hich  extended  the  restriction  to  one  year  after 
the  expiration  of  that  term.  King  considered  it  impossi- 
ble to  carry  the  system  of  exclusion  so  far,  "  and  we  refine," 
he  said,  "  too  much  by  going  in  this  instance  to  Utopian 
lengths.  It  is  a  mere  cobweb." — "  If  there  was  no  exclusive 
clause,  Madison  thought  there  might  be  danger  of  creating 
offices,  or  augmenting  the  stipends  of  those  already  created, 
m  order  to  gratify  members  if  they  were  not  excluded. 
Such  an  instance  had  fallen  within  his  own  observation. 
He  was  of  the  opinion  that  no  office  ought  to  be  open  to  a 
member,  which  might  be  created  or  the  emolument  aug- 

«  Yates.  152-3. 


^T.  30.]  HAMILTON.  309 

mented  while  he  was  in  the  legislature."  Hamilton  closed 
the  debate*  with  these  remarks  : — 

"  In  all  general  questions  which  become  the  subjects  of 
discussion,  there  are  always  some  truths  mixed  with  false- 
hoods. I  confess  there  is  danger  where  men  are  capable 
of  holding  two  offices.  Mankind  in  general  are  vicious — 
their  passions  may  be  operated  upon :  we  have  been 
taught  to  reprobate  the  danger  of  influence  in  the  British 
government,  without  duly  reflecting  how  far  it  is  neces- 
sary to  support  a  good  government.  We  have  taken  up 
many  ideas  upon  trust,  and  at  last,  pleased  with  our  own 
opinions,  establish  them  as  undoubted  truths.  Hume'sf 
opinion  of  the  British  constitution  confirms  the  remark, 
that  there  is  always  a  body  of  firm  patriots,  who  often 
shake  a  corrupt  administration.  Take  mankind  as  they 
are,  and  what  are  they  governed  by  ?    Their  passions. 

"  There  may  be  in  every  government  a  few  choice  spirits, 
who  may  act  from  more  worthy  motives.  One  great  error 
is,  that  we  suppose  mankind  more  honest  than  they  are. 
Our  prevailing  passions  are  ambition  and  interest ;  and  it 
ever  will  be  the  duty  of  a  wise  government  to  avail  itself 
of  those  passions,  in  order  to  make  them  subservient  to  the 
public  good,  for  these  ever  induce  us  to  action. 

"  Perhaps  a. few  men  in  a  state  may,  from  patriotic  mo- 
tives, or  to  display  their  talents,  or  to  reap  the  public  ap- 
plause, step  forward.  But  if  we  adopt  this  clause,  we 
destroy  the  motive.  I  am,  therefore,  against  all  exclusions 
and  refinements,  except  this  exclusion — that  when  a  mem- 
ber takes  his  seat,  he  should  vacate  every  other  office.     It 


«  Yates,  156. 

t  "  It  was  known  that  one  of  the  ablest  politicians  (Mr.  Hume)  had  pro- 
nounced  all  that  influence  on  the  side  of  the  crown  which  went  under  the 
name  of  corruption,  an  essential  part  of  the  weight  which  maintained  the 
equilibrium  of  the  constitution." 

Madison,  938,  gives  this  version  of  Hamilton's  remarks  thus  italicised. 


310  THE  EEPUBLIC.  [1787. 

IS  difficult  to  put  any  exclusive  regulation  into  effect ;  we 
must  in  some  degree  submit  to  the  inconvenience." 

The  second  branch,  or  senate,  was  next  considered. 
Hamilton,  in  accordance  with  his  plan,  wished  that  it  should 
be  chosen  by  the  people,  through  the  medium  of  electors ; 
but  it  was  decided  that  the  choice  should  be  made  by  the 
state  legislatures.  Its  term  of  service  was  much  debated. 
Madison  said,  "  We  are  now  to  determine  whether  the  re- 
publican form  shall  be  the  basis  of  our  government."  He 
admitted  that  great  powers  were  to  be  given,  and  that  they 
might  be  abused.  Members  may  also  lose  their  attachment 
to  their  states.  Yet  the  first  branch  would  control  them 
in  many  of  their  abuses.  "  But  we  are  now  forming  a  body 
on  whose  wisdom  we  mean  to  rely,  and  their  permanency 
in  office  secures  a  proper  field  in  which  they  may  exert 
their  firmness  and  knowledge.  Democratic  communities 
may  be  unsteady,  and  be  led  to  action  by  the  impulse  of 
the  moment.  They  may  be  sensible  of  their  own  weak- 
ness, and  desire  the  counsels  and  checks  of  friends  to  guard 
them  against  the  turbulence  and  weakness  of  unruly  pas- 
sions. Such  are  the  various  pursuits  of  this  life,  that,  in 
all  civilized  countries,  the  interest  of  a  community  will  be 
divided ;  there  will  be  debtors  and  creditors,  and  an  une- 
qual possession  of  property  ;  and  hence  arise  different 
views  and  different  objects  in  government.  This,  indeed, 
is  the  ground-work  of  aristocracy,  and  we  find  it  blended 
in  every  government,  both  ancient  and  modern.  Even 
where  titles  have  survived  property,  we  discover  the  noble 
beggar  haughty  and  assuming.  The  man  who  is  possessed 
of  Wealth,  who  lolls  on  his  sofa  or  rolls  in  his  carriage, 
cannot  judge  of  the  wants  or  feelings  of  the  day-labourer. 

"  The  government  we  mean  to  erect  is  intended  to  last 
for  ages.  The  landed  interest  at  present  is  prevalent ;  will 
it  not  in  time,  by  the  operation  of  trade  and  manufactures , 
be  overbalanced  in  future  elections  ?  and,  unless  wisely  pro- 


.Et.  30.]  HAMILTON.  31] 

vided  against,  what  will  become  of  your  government  ?  In 
England,  at  this  day,  if  elections  were  open  to  all  classes 
of  people,  the  property  of  the  landed  proprietors  would  be 
insecure ;  an  agrarian  law  would  soon  take  place.  If 
these  observations  be  just,  our  government  ought  to  secure 
the  permanent  interests  of  the  country  against  innovation. 
Landholders  ought  to  have  a  share  in  the  government  to 
support  these  valuable  interests,  and  to  balance  and  check 
the  other.  They  ought  to  he  so  constituted  as  to  protect  the 
minority  of  the  opulent  against  the  majority.  The  senate, 
therefore,  ought  to  be  this  body ;  and,  to  answer  these  pur- 
poses, ought  to  have  permanency  and  stability.  Various 
have  been  the  propositions ;  but  my  opinion  is,  the  longer 
they  continue  in  office,  the  better  will  their  view  be  an- 
swered."* 

Sherman  replied, "  that  a  bad  government  was  the  worse 
for  being  long ;  that  frequent  elections  give  security  and 
permanency.  That  in  Connecticut  an  annual  government 
had  existed  one  hundred  and  thirty-two  years,  and  as  long 
as  a  man  behaves  well  he  is  never  turned  out  of  office. 
Four  years  to  the  senate  is  quite  sufficient  with  the  rota- 
tion proposed." 

Hamilton  observed,  "  This  question  has  already  been 
considered  in  several  points  of  view.  We  are  now  form- 
ing a  republican  government.  Real  liberty  is  neither  found 
in  despotism,  nor  in  the  extremes  of  democracy,  but  in  mode- 
rate governments.  Those  who  mean  to  form  a  solid  re- 
publican government,  ought  to  proceed  to  the  confines  of 
another  government.!     As  long  as  offices  are  open  to  all 

»  Yates,  169. 

t  It  will  be  remarked  that  a  similar  opinion  was  expressed  by  Jefferson  a 
few  months  before.  Writing  from  Paris,  February  28, 1787,  to  La  Fayette, 
then  about  to  take  part  in  the  deliberations  of  France,  he  observed,  "  I  wish 
you  success  in  your  meeting,  (the  assembl^e  des  notables.)  I  should  form 
better  hopes  of  it,  if  it  were  divided  into  two  houses  instead  of  seven ;  keep- 


312  THE  KEPUBLIC.  [1787. 

men,  and  no  constitutional  rank  is  established,  it  is  pure 
republicanism.  But  if  we  incline  too  much  to  democracy,  we 
shall  soon  shoot  into  a  monarchy.  The  difference  of  pro- 
perty is  already  great  among  us.  Commerce  and  industry 
will  still  increase  the  disparity.  Your  government  must 
meet  this  state  of  things,  or  combinations  will  in  process 
of  time  undermine  your  system.  What  was  the  tribuni- 
tial  power  of  Rome  ?  It  was  instituted  by  the  plebeians  as  a 
guard  against  the  patricians.  But  was  this  a  sufficient 
check  ?  No !  The  only  distinction  which  remained  at 
Rome  was,  at  last,  between  the  rich  and  poor.  The  gen- 
tleman from  Connecticut  forgets  that  the  democratic  body 
is  already  secure  in  a  representation.  As  to  Connecticut, 
what  were  the  little  objects  of  their  government  before  the 
revolution  ?  Colonial  concerns  merely.  They  ought  now 
to  act  on  a  more  extended  scale ;  and  dare  they  do  this  ? 
Dare  they  collect  the  taxes  and  requisitions  of  congress  ? 
Such  a  government  may  do  well  if  they  do  not  tax,  and 
this  is  precisely  their  situation." 

Wilson  remarked,  "  The  motion  is  now  for  nine  years, 
and  a  triennial  rotation.  Every  nation  attends  to  its  for- 
eign intercourse  to  support  its  commerce,  to  prevent  foreign 
contempt,  and  to  make  war  and  peace.  Our  senate  will 
be  possessed  of  these  powers,  and  therefore  ought  to  be 
dignified  and  permanent.  What  is  the  reason  that  Great 
Britain  does  not  enter  into  a  commercial  treaty  with  us  ? 
Because  congress  has  not  the  powers  to  enforce  its  observ- 
ance. But  give  them  those  powers,  and  give  them  the 
stability  proposed  by  the  motion,  and  they  will  have  more 

ing  the  good  model  of  your  neighbouring  country  before  your  eyes,  you  may 
get  on  step  by  step  towards  a  good  constitution.  Though  that  model  is  not 
perfect,  yet,  as  it  would  unite  more  suffrages  than  any  new  one  which  could 
he  proposed,  it  is  better  to  make  that  the  object.  If  every  advance  is  to  be  pur. 
chased  by  filling  the  royal  coffers  with  gold,  it  will  be  gold  well  employed  *' 
-2  Jeff.  Works,  p.  101. 


^T.  30.]  HAMILTON.  313 

permanency  than  a  monarchical  government.  The  great 
objection  of  many  is,  that  this  duration  would  give  birth  to 
views  inconsistent  with  the  interests  of  the  union.  This 
can  have  no  weight  if  the  triennial  rotation  is  adopted, 
and  this  plan  may  possibly  tend  to  conciliate  the  minds  of 
the  members  of  the  convention  on  this  subject,  which  have 
v-aried  more  than  on  any  other  questiofli."  Delaware,  Penn- 
sylvania, and  Virginia,  were  in  favour  of  nine  years,  but 
it  was  agreed  that  it  should  be  six,  with  a  biennial  rota- 
tion. 

The  discussion  of  the  powers  of  the  legislature  was  de- 
ferred in  order  to  consider  the  proportionate  suffrage  of 
the  states  in  its  choice.  Martin  urged  with  great  vehe- 
mence an  equal  representation  of  the  states  as  their  right, 
and  as  most  promotive  of  the  general  welfare ;  and  after 
a  motion  of  Lansing,  that  the  representation  in  the  first 
branch  should  be  according  to  the  rule  of  the  confederation, 
Madison  supported  earnestly  a  proportionate  representa- 
tion of  the  states.  "  Some  gentlemen,"  he  said,*  "  are 
afraid  that  the  plan  is  not  sufficiently  national,  while  others 
apprehend  that  it  is  too  much  so.  If  this  point  of  re- 
presentation was  once  well  fixed,  we  would  come  nearer 
to  one  another  in  sentiment.  The  necessity  would  then 
be  discovered  of  circumscribing  more  effectually  the  state 
governments,  and  enlarging  the  bounds  of  the  general  gov- 
•  ernment.  Some  contend  that  the  states  are  sovereign,  when 
in  fact  they  are  only  political  societies.  There  is  a  gra- 
dation of  power  in  all  societies,  from  the  lowest  corpora- 
tion to  the  highest  sovereign.  The  states  never  possessed 
the  essential  rights  of  sovereignty.  These  were  always 
vested  in  congress.  Their  voting  as  states  in  congress  is 
no  evidence  of  sovereignty.  The  state  of  Maryland  voted 
by  counties.     Did  this  make  the  counties  sovereign  ?   The 

»  Yates,  p.  184-5. 


314:  THE  KEPUBLIC.  '    [IW. 

stales  ai  present  are  only  great  corporations,  having  the 
power  of  making  by-laws,  and  these  are  efFectaal  only  if 
they  are  not  contradictory  to  the  general  confederation. 
The  states  ought  to  be  placed  under  the  control  of  the  gen- 
eral government,  at  least  as  much  so  as  they  formerly  were 
under  the  king  and  British  parliament.  The  arguments, 
I  observe,  have  taker*  a  different  turn,  and  I  hope  may  tend 
to  convince  all  of  the  necessity  of  a  strong  energetic  gov- 
ernment ;  which  would  equally  tend  to  give  energy  to,  and 
protect  the  state  governments."  He  deprecated  the  jeal- 
ousy of  the  states,  and  observed,  "  If  the  power  is  not  imme- 
diately derived  from  the  people,  in  proportion  to  their  num- 
bers, we  make  a  paper  confederacy,  but  that  will  be  all !" 

"  I  would  have  no  objection,"  Judge  Read  observed,  "  if 
the  government  was  more  national,  but  the  proposed  plan 
is  so  great  a  mixture  of  both,  that  it  is  best  to  drop  it  alto- 
gether. A  state  government  is  incompatible  with  a  gen- 
eral government.  If  it  was  more  national,  I  would  be  for 
a  representation  proportionate  to  population.  The  plan 
of  the  gentleman  from  New- York  (Hamilton)  is  certainly 
the  best.  But  the  great  evil  is  the  unjust  appropriation 
of  the  public  lands.  If  there  was  but  one  national  govern- 
ment, we  would  be  all  equally  interested." 

Hamilton,  in  the  progress  of  this  discussion,  remarked — 
"  The  course  of  my  experience  in  human  affairs  might, 
perhaps,  restrain  me  from  saying  much  on  this  subject.  I 
shall,  however,  give  utterance  to  some  of  the  observations 
I  have  made  during  the  course  of  this  debate.  The  gen- 
tleman from  Maryland  has  been  at  great  pains  to  establish 
positions  which  are  not  denied.  Many  of  them,  as  drawn 
from  the  best  writers  on  government,  are  become  self- 
evident  principles.  '  But  I  doubt  the  propriety  of  his  appli- 
cation of  those  principles  in  the  present  discussion.  He 
deduces  from  them  the  necessity  that  states  entering  into 
a  confederacy  must  retain  the  equality  of  votes.     This  po. 


^T.  30.]  HAMILTON.  315 

sition  cannot  oe  correct.  Facts  contradict  it.  The  par- 
liament of  Great  Britain  asserted  a  supremacy  over  the 
whole  empire,  and  the  celebrated  Judge  Blackstone  labours 
for  the  legality  of  it,  although  many  parts  were  not  repre 
sented.  This  parliamentary  power  we  opposed  as  con- 
trary to  our  colonial  rights.  With  that  exception,  through- 
out that  whole  empire  it  is  submitted  to. 
•  "  May  not  the  smaller  and  greater  states  so  modify  their 
respective  rights  as  to  establish  the  general  interest  of  the 
whole  without  adhering  to  the  right  of  equality  ?  Strict 
representation  is  not  observed  in  any  of  the  state  govern- 
ments. The  senate  of  New- York  are  chosen  by  persons 
of  certain  qualifications  to  the  exclusion  of  others. 

"  The  question  after  all  is — Is  it  our  interest,  in  modify- 
ing this  general  government,  to  sacrifice  individual  rights 
to  the  preservation  of  the  rights  of  an  artificial  being,  called 
states  1  There  can  be  no  truer  principle  than  this — That 
every  individual  of  the  community  at  large  has  an  equal  right 
to  the  protection  of  government.  If,  therefore,  three  states 
contain  a  majority  of  the  inhabitants  of  America,  ought  they 
to  be  governed  by  a  minority  ?  Would  the  inhabitants  of 
the  great  states  ever  submit  to  this  ?  If  the  smaller  states 
maintain  this  principle  through  a  love  of  power,  will  not 
the  larger,  from  the  same  motives,  be  equally  tenacious  to 
preserve  their  power  ?  They  are  to  surrender  their  rights 
— for  what  ?  For  the  preservation  of  an  artificial  being. 
We  propose  a  free  government.  Can  it  be  so,  if  partial 
distinctions  are  maintained  ? 

"  I  agree  with  the  gentleman  from  Delaware,  that  if  the 
state  governments  are  to  act  in  the  general  government,  it 
affords  the  strongest  reason  for  exclusion.  In  the  state 
of  New- York  five  counties  form  a  majority  of  representa- 
tives, and  yet  the  government  is  in  no  danger,  because  the 
laws  have  a  general  operation.  The  small  states  exagger- 
ate their  danger,  and  on  this  ground  contend  for  an  undue 


316  THE  EEPUBLIO.  [1787. 

proportion  of  power.  But  their  danger  is  increased  if  the 
larger  states  will  not  submit  to  it.  Where  will  they  form 
new  alliances  for  their  support  ?  Will  they  do  this  with 
foreign  powers  ?  Foreigners  are  jealous  of  our  increasing 
greatness,  and  would  rejoice  in  our  distractions.  Those 
who  have  had  opportunities  of  conversing  with  foreigners 
respecting  sovereigns  in  Europe,  have  discovered  in  them 
an  anxiety  for  the  preservation  of  our  democratic  gov- 
ernments, probably  for  no  other  reason  but  to  keep  us 
weak.  Unless  your  government  is  respectable,  foreigners 
will  invade  your  rights — and  to  maintain  tranquility,  it 
must  be  respectable.  Even  to  observe  neutrality  you  must 
have  a  strong  government. 

"  I  confess  our  present  situation  is  critical.  We  have  just 
finished  a  war  which  has  established  our  independence,  and 
loaded  us  with  a  heavy  debt.  We  have  still  every  motive 
to  unite  for  our  common  defence.  Our  people  are  dis- 
posed to  have  a  good  government,  but  this  disposition  may 
not  always  prevail.  It  is  difficult  to  amend  confederations : 
it  has  been  attempted  in  vain,  and  it  is  perhaps  a  miracle 
that  we  are  now  met.  We  must  therefore  improve  the 
opportunity,  and  render  the  present  system  as  perfect  as 
possible.  Their  good  sense,  and,  above  all,  the  necessity 
of  their  affairs,  will  induce  the  people  to  adopt  it." 

Lansing's  motion  was  negatived  by  six  to  four  states, 
Maryland  being  divided,  and  the  original  resolution  passed. 

Imperfect  as  these  reports  are,  they  are  sufficient  to 
show  the  spirit  in  which  Hamilton  met  the  objections  to 
an  energetic  system,  labouring  to  vindicate  the  cause  of 
an  efficient  moderate  government. 

Some  private  business  calling  him  at  this  time  to  New- 
York,  he  was  absent  from  the  convention  a  few  days. 

From  the  influence  of  Washington  he  hoped  much  ;  and 
soon  after  his  departure  he  communicated  to  him  his  im- 
pression of  what  he  believed  to  be  the  opinion  of  the  peo 


^T.30.]  HAMILTON.  317 

pie,  and  his  convictions  as  to  the  poUcy  to  be  pursued.  His 
letter  gives  the  important  and  interesting  fact,  that,  previ- 
ous to  this  moment,  no  disclosure  of  his  sentiments  had 
been  sought  by  Hamilton  from  Washington.  Such  was 
the  delicacy  observed  towards  a  personage  to  whom  the 
country  looked  as  its  probable  head,  if  a  general  govern- 
ment should  be  established. 


HAMILTON  TO  WASHINGTON. 

DEAR    SIR, 

In  my  passage  through  the  Jerseys,  and  since  my  arrival 
here,  I  have  taken  particular  pains  to  discover  the  public 
sentiment,  and  1  am  more  and  more  convinced  that  this  is 
the  critical  opportunity  for  establishing  the  prosperity  of 
this  country  on  a  solid  foundation.  I  have  conversed  with 
men  of  information,  not  only  of  this  city,  but  from  differ- 
ent parts  of  the  state ;  and  they  agree  that  there  has  been 
an  astonishing  revolution  for  the  better  in  the  minds  of 
the  people. 

The  prevailing  apprehension  among  thinking  men  is,  that 
the  convention,  from  the  fear  of  shocking  the  popular  opin- 
ion, will  not  go  far  enough.  They  seem  to  be  convinced, 
that  a  strong,  well-mounted  government  will  better  suit  the 
popular  palate,  than  one  of  a  different  complexion.  Men 
in  office  are,  indeed,  taking  all  possible  pains  to  give  an  un- 
favourable impression  of  the  convention ;  but  the  current 
seems  to  be  moving  strongly  the  other  way. 

A  plain  but  sensible  man,  in  a  conversation  I  had  with 
him  yesterday,  expressed  himself  nearly  in  this  manner : — 
The  people  begin  to  be  convinced  that  their  "  excellent 
form  of  government,"  as  they  have  been  used  to  call  it, 
will  not  answer  their  purpose,  and  that  they  must  substitute 
something  not  very  remote  from  that  which  they  have 
lately  quitted. 


318  THE  EEPUBLIO.  [1787. 

These  appearances,  though  they  will  not  warrant  a  con 
elusion  that  the  people  are  yet  ripe  for  such  a  plan  as  I  advo- 
cate, yet  serve  to  prove  that  there  is  no  reason  to  despair 
of  their  adopting  one  equally  energetic,  if  the  convention 
should  think  proper  to  propose  it.  They  serve  to  prove 
that  we  ought  not  to  allow  too  much  weight  to  objections, 
drawn  from  the  supposed  repugnancy  of  the  people  to  an 
efficient  constitution.  I  confess  I  am  more  and  more  in- 
clined to  believe  that  former  habits  of  thinking  are  regain- 
ing their  influence  with  more  rapidity  than  is  generally 
imagined. 

Not  having  compared  ideas  with  you,  sir,  I  cannot  judge 
how  far  our  sentiments  agree;  but,  as  I  persuade  myself, 
the  genuineness  of  my  representations  will  receive  credit 
with  you.  My  anxiety  for  the  event  of  the  deliberations 
of  the  convention,  induces  me  to  make  this  communication 
of  what  appears  to  be  the  tendency  of  the  public  mind. 

I  own  to  you,  sir,  that  I  am  seriously  and  deeply  dis- 
tressed at  the  aspect  of  the  counsels  which  prevailed  when 
I  left  Philadelphia.  I  fear  that  we  shall  let  slip  the  golden 
opportunity  of  rescuing  the  American  empire  from  dis- 
union, anarchy,  and  misery. 

No  motley  or  feeble  measure  can  answer  the  end,  or  will 
finally  receive  the  public  support.  Decision  is  true  wis- 
dom, and  will  be  not  less  reputable  to  the  convention,  than 
salutary  to  the  community. 

I  shall  of  necessity  remain  here  ten  or  twelve  days.  If 
I  have  reason  to  believe  that  my  attendance  at  Philadel- 
phia will  not  be  mere  waste  of  time,  I  shall,  after  that 
period,  rejoin  the  convention. 

New-York,  July  3d,  1787. 

The  apprehensions  entertained  by  Hamilton  were  con- 
firmed by  the  temper  evinced  during  the  renewed  discus- 
sion of  a  proposition  of  Ellsworth  that  each  state  should 


^T.  30.]  HAMILTON-.  319 

have  an  equal  vote  in  the  second  branch  of  the  legislature. 
At  its  termination  the  increased  strength  of  the  states  right 
party  was  shown  by  an  equal  division  of  the  votes — five 
states  being  in  favour  of  the  proposition  and  five  in  the  ne- 
gative— Maryland  divided. 

The  pertinacity  with  which  the  claims  to  an  equal  par- 
ticipation in  the  second  branch  were  pressed,  following  the 
warmth  previously  exhibited  on  the  question  of  electing 
the  first  branch  by  the  people,  threatened  an  utter  prostra- 
tion of  all  hope  of  concurring  in  a  plan  of  government. 

Under  these  circumstances.  General  Cotesworth  Pinck- 
ney  proposed  to  appoint  a  committee  to  adjust  the  embar- 
rassing controversy. 

Martin  objected  to  the  measure  as  an  attempt  to  com- 
promise, and,  feeling  the  strength  of  his  party,  declared 
*'  You  must  give  each  state  an  equal  suffrage,  or  our  business 
is  at  an  end."  Sherman  replied,  that  "  we  had  reached  a 
point  from  which  we  cannot  move  in  either  direction,"  and 
urged  the  committee. 

Gouverneur  Morris  followed,  insisting  on  the  necessity  of 
an  aristocracy  "  of  men  of  great  and  established  property" 
in  the  second  branch,  to  be  checked  by  the  democratic 
branch,  and  thus  give  stability  to  the  government.  "A 
senate  for  seven  years,  excluded  from  office,  would  be,"  he 
observed,  '•  one  of  the  baubles  of  the  general  government. 
A  government  by  compact  is  no  government.  While  I 
avow  myself,"  he  said,  "  the  advocate  of  a  strong  govern- 
ment, I  admit  that  the  influence  of  the  rich  must  be  guard- 
ed :  and  a  pure  democracy  is  equally  oppressive  to  the 
lower  orders  of  the  community."  He  threw  out  these  re- 
marks for  the  consideration  of  the  committee  to  be  ap- 
pointed. Wilson  did  not  approve  of  this  expedient.  If 
adopted,  he  was  for  a  smaller  committee.  Madison  ob- 
jected to  it  as  only  a  source  of  delay.  If  appointed  "  from 
each  state,  we  shall  have  in  it  the  whole  force  of  state  pre- 


320  THE  KEPUBLIC.  [1787. 

juc^ices."  "  The  great  difficulty  is  to  conquer  former  opin- 
ions. The  motion  can  as  well  be  decided  here  as  in  com- 
mittee." Gerry  urged  accommodation  as  absolutely  neces- 
sary, hoping  that  the  defects  might  be  amended  by  a  future 
convention.  The  motion  was  carried  by  nine  states,  Jer- 
sey and  Delaware  dissenting,  and  a  committee  of  a  mem- 
ber from  each  state  was  chosen  by  ballot,  composed  chiefly 
of  the  advocates  of  the  Jersey  plan. 

On  the  ■  fifth  of  July  a  compromise  was  reported.  It 
proposed  to  give  to  each  state  one  representative  for  every 
forty  thousand  inhabitants,  computing  three-fifths  of  the 
slaves  as  one  white,  and  to  a  state  containing  a  less  num- 
ber, one  representative,  to  compose  the  first  branch ;  vest- 
ing in  that  branch  the  exclusive  origin  and  control  of 
money  bills  ; — that  in  the  second  branch,  each  state  should 
have  one  vote. 

The  advocates  of  a  strong  government  opposed  the  pro- 
position. Wilson  insisted  upon  a  division  of  the  question. 
Madison  declared  that  the  originating  money  bills  was  no 
concession  on  the  part  of  the  smaller  states,  as  seven  states 
combining  in  the  second  branch,  could  control  the  first ;  it 
being  small  in  number  and  well  connected,  will  ever  pre- 
vail. No  provision  is  made  as  to  the  regulation  of  trade, 
imposts,  treaties.  We  are  driven  to  an  unhappy  dilemma 
Two-thirds  of  the  inhabitants  of  the  union  are  to  please 
the  remaining  third  by  sacrificing  their  essential  rights. 

In  behalf  of  this  compromise  it  was  asserted,  that  the 
power  over  money  bills  was  an  equivalent  for  the  equal 
representation  in  the  senate.  That  it  properly  belonged  to 
the  democratic  branch.  The  senate  being  farther  removed 
from  the  people,  would  be  less  attentive  to  economy.  It 
was  analogous  to  the  parliamentary  usage  of  England.* 

The  members  most  strenuous  for  retaining  power  in  the 

*  Gerry's  State  of  Facts. 


tEt.  30.]  HAMILTON.  321 

states  wished  to  postpone  the  consideration  of  the  first 
proposition  in  order  to  enter  upon  the  second,  which  was 
not  acceded  to ;  and  the  question,  whether  numbers  or  rela- 
tive contribution  should  determine  the  proportion  of  suf- 
frage, was  referred  to  a  special  committee.  It  was  then 
proposed  to  consider  the  constitution  of  the  second  branch. 
This  was  postponed  by  the  vote  of  six  states — Massachu- 
setts and  New- York  divided. 

Having  given  a  vote  in  favour  of  conferring  on  the  first 
branch  the  originating  money  bills,  and  thus  fulfilling  that 
part  of  the  proposed  compromise,  it  was  moved  that  in  the 
second  branch  the  states  should  have  an  equal  vote,  which 
was  approved.  On  the  ninth  of  July  the  special  commit- 
tee reported  an  apportionment  of  the  members  of  the  first 
branch  among  the  states,  and  that  the  legislature  be  au- 
thorized to  augment  the  number  from  time  to  time,  and  in 
case  a  state  be  divided,  or  two  or  more  united,  or  a  new 
state  be  created  within  the  limits  of  the  United  States,  it 
be  empowered  to  regulate  the  number  of  representatives 
upon  the  principles  of  their  wealth  and  number  of  inhabit- 
ants. The  provisional  clause  was  approved,  the  equal  vote 
in  the  second  branch  temporarily  sanctioned,  and  the  ratio 
was  established  on  a  conjectural  basis.  An  objection  being 
taken  to  the  small  number  of  representatives,  this  sub- 
ject was  referred  to  the  grand  committee  from  each  state.* 
The  following  day  King  reported  a  new  scale  of  repre- 
sentation, increased  from  fifty-six  to  sixty-five  members. 

At  this  important  moment,  when  a  large  concession  had 
been  made  to  the  advocates  of  an  equal  power  in  the 
states,  and  a  basis  had  been  formed  upon  which  a  compound 

*  Madison  states  a  proposition,  proceeding  from  himself,  as  a  proper  ground 
of  compromise  ;  that  in  the  first  branch  the  states  should  be  represented  ac- 
cording to  the  number  of  free  inhabitants,  and  in  the  second,  which  had  for 
one  of  its  primary  objects  the  guardianship  of  property,  according  to  the  whole 
number,  including  slaves — in  effect,  a  southern  predominance. 

YoL.  HI.— 21 


322  THE  REPUBLIC.  [1787. 

government,  in  part  national,  and  in  part  federal,  was  to 
be  established,  Yates  and  Lansing  retired  finally  from 
the  convention.*  On  the  last  day  on  which  they  appeared, 
Washington  replied  to  Hamilton. 

WASHINGTON  TO  HAMILTON. 

Philadelphia,  10th  July,  1787. 
"  DEAR  SIR. 

1  thank  you  for  your  communication  of  the  third.  When 
I  refer  you  to  the  state  of  the  counsels  which  prevailed  at 
the  period  you  left  this  city,  and  add  that  they  are  now, 
if  possible,  in  a  worse  train  than  ever,  you  will  find  but 
little  ground  on  which  the  hope  of  a  good  establishment 
can  be  formed.  In  a  word,  I  almost  despair  of  seeing  a 
favourable  issue  to  the  proceedings  of  the  convention,  and 
do  therefore  repent  having  had  any  agency  in  the  busi- 
ness. 

The  men  who  oppose  a  strong  and  energetic  govern- 
ment, are,  in  my  opinion,  narrow-minded  politicians,  or 
are  under  the  influence  of  local  views. 

The  apprehension  expressed  by  them,  that  the  people 
will  not  accede  to  the  form  proposed,  is  the  ostensible,  not 
the  real  cause  of  opposition ;  but  admitting  that  the  pre- 
sent sentiment  is  as  they  prognosticate,  the  question  ought 
nevertheless  to  be,  is  it  or  is  it  not  the  best  form  ?  If  the  for- 
mer, recommend  it,  and  it  will  assuredly  obtain  maugre 
opposition. 

/  am  sorry  you  went  away — I  wish  you  were  back.  The 
crisis  is  equally  important  and  alarming,  and  no  opposition, 
under  such  circumstances,  should  discourage  exertions,  till 
the  structure  is  fixed.  I  will  not,  at  this  time,  trouble  you 
with  more  than  my  best  wishes  and  sincere  regards." 

*  July  10. 


^T.  30.]  HAMILTON.  323 

An  interesting  statement  exists  in  respect  to  Washing- 
ton's opinions,  in  conformity  with  this  letter.  Hamilton 
related  confidentially,  that  having  given  his  views  in  his 
elaborate  speech,  he  was  "  endeavoring  afterwards,  in  con- 
stant conversation  with  the  members,  to  work  them  up  to 
a  system  of  competent  energy  and  stability.  General 
Washington  and  Madison  entirely  concurred  in  his  views, 
regarding  the  plan  which  he  submitted  to  the  Convention, 
as  not  exceeding  in  stability  and  strength  what  the  exi- 
gencies of  the  country  required.  They  were  com- 
pletely UP  TO  THE  Scheme.  No  one  of  the  three  sup- 
posed it  could  possibly  carry.  It  was  thought,  however, 
advisable  to  sketch  a  plan  of  sufficient  stability,  and  in 
defending  it,  to  bring  forward  those  sound  principles  which 
would  endure  the  test  of  enlightened  investigation  and  of 
time.  The  minds  of  the  members  of  the  Convention 
were,  in  consequence,  raised  to  a  point,  which  otherwise 
they  would  not  have  reached."  He  added,  that  "  his 
opinion  relative  to  a  President  during  good  behavior  un- 
derwent a  change  from  reflection  on  the  more  serious 
struggle  likely  to  be  produced  by  the  choice  of  so  per- 
manent an  officer."* 

*  Thomas  Y.  Howe  was  his  military  secretary  in  1799  and  1800,  when 
this  conversation  took  place.  Letter  of  Howe  to  the  author,  March  31,  1840. 
Detroit. 


CHAPTER    XLVIII. 

The  withdrawal  from  the  Convention  of  the  two  dele- 
gates from  New  York,  at  such  a  juncture,  leaves  no  room 
for  a  doubt,  that  their  object  was  to  arrest  totally  its  pro- 
ceedings. 

That  they  acted  in  accordance  with  Clinton,  was  proved 
by  his  deportment  at  this  time.  Unreserved  declarations 
were  made  by  him,  that  no  good  was  to  be  expected  from 
the  appointment  or  deliberations  of  this  body.  That  the 
most  probable  result  was,  that  the  country  would  be  thrown 
into  confusion  by  the  measure.  That  it  w^as  by  no  means 
a  necessary  one,  as  the  confederation  had  not  undergone 
a  sufficient  trial,  and  probably,  on  a  more  full  experiment, 
would  be  found  to  answer  all  the  purposes  of  the  union. 

"  Clinton,"  Hamilton  remarked,  "  was  not  a  man  govern- 
ed m  ordinary  cases  by  sudden  impulse ;  though  of  an 
irritable  temper,  when  not  under  the  immediate  influence 
of  irritation,  he  was  circumspect  and  guarded,  and  seldom 
acted  or  spoke  without  premeditation  or  design." 

Such  declarations  from  such  a  source,  could  only  have 
been  intended  to  excite  prejudices  against  whatever  plan 
should  be  proposed  by  the  convention.  Feeling  that  Clin- 
ton's conduct  might,  and  fearing  that  it  would,  induce  the 
mischief  he  so  confidently  and  openly  predicted,  Hamilton 
resolved  to  exhibit  it  before  the  public  in  all  its  deformity. 
He  immediately  published  a  pointed  animadversion,  charg- 
ing these  declarations  upon  him,  and  avowing  a  readiness 
to  substantiate  them. 


^T.  30.]  HAMILTON.  325 

Having  thus  interposed  his  personal  influence  to  counter- 
act this  insidious  policy  by  an  appeal  to  the  people,  he 
hastened  to  Philadelphia,  and  there,  without  a  vote,  stand- 
ing alone,  and  unsupported  by  his  state,  he  renewed  his 
exertions  to  compose  the  heats  and  heal  the  differences 
which  had  arisen,  and,  as  far  as  was  in  his  power,  to  aid  in 
directing  the  course  of  the  convention. 

The  discussion  of  the  compromise  was  protracted  until 
late  in  July,  when  the  first  of  the  propositions  having  been 
modified,  both  were  adopted,  though  by  a  vote  indicating 
a  wide  difference  of  opinion.  Five  states  were  in  favour 
of  them,  but  they  were  those  of  secondary  importance. 
Pennsylvania,  Virginia,  South  Carolina,  and  Georgia,  voted 
against  them ;  and  the  important  commonwealth  of  Mas- 
sachusetts was  divided.  During  this  debate  the  number 
of  representatives  was  apportioned  to  each  state,  in  the  first 
congress.  It  was  declared  that  the  representation  ought 
to  be  proportioned  to  direct  taxation,  and  to  ascertain  the 
necessary  alterations  in  it,  that  a  periodical  census  should 
be  taken.  South  Carolina  and  Georgia,  seeking  to  increase 
their  relative  weight,  would  have  embraced  in  this  census 
all  their  slaves ;  but  the  three-fifths  compromise,  although 
at  first  rejected,*  was  finally  adopted.  An  effort  was  also 
made  to  establish  the  principle,  that  the  representation  of 
the  new  states  to  be  admitted  into  the  union,  should  never 
exceed  that  of  the  original  thirteen ;  but  this  unequal  pro- 
position was  defeated.! 

In  determining  the  period  when  a  census  should  be  taken, 
a  similar  contest  for  power  was  also  seen.  The  vote  was 
at  first  unanimous  for  a  re-apportionment  at  the  expiration 
of  fifteen  years.  Then  two  years  were  proposed ;  then  six  ; 
then  twenty ;  a  decennial  census  was  ultimately  established. 


*  Connecticut,  Virginia,  North  Carolina,  and  Georgia,  voting  for  it. 
t  Affirmative,  Massachusetts,  Connecticut,  Delaware,  and  Maryland 


326  THE  EEPUBLIC.  [1787. 

The  principles  of  the  constitution  of  the  first  branch  be- 
ing settled,  those  of  the  second  were  considered.  A  pro- 
posal was  made  to  fix  the  number  of  senators  at  thirty-six, 
and  to  apportion  them  among  the  states.  Massachusetts 
and  Virginia  urged  this  change  warmly,  but  it  was  resolv- 
ed that  each  state  should  have  an  equal  vote.  The  com- 
promise on  this  point  being  effected,  a  new  contest  for 
power  was  seen  in  the  several  modifications  suggested  in 
the  structure  of  the  other  departments  of  the  government, 
and  in  the  extent  and  distribution  of  its  powers. 

The  legislative  powers  of  the  government  were  now 
considered,  and  a  general  declaratory  clause  was  passed, 
having  in  view  subsequent  alterations.  It  was  not  to  be 
expected  that  the  proposed  negative  of  Madison  on  the 
state  laws,  would  be  retained ;  it  was  only  supported  by 
the  votes  of  three  states,  and  in  lieu  of  it,  the  legislative 
acts  of  the  United  States,  and  treaties  made  under  its  au- 
thority, were  declared  to  be  the  supreme  law  of  the  land. 

The  institution  of  the  executive  department  w^as  the 
next  subject  of  deliberation.  This  marked  instance  was 
now  seen  of  the  influences  which  were  operating :  Randolph 
had  insisted  earnestly  on  a  plural  executive ;  he  suggest- 
ed, as  giving  a  reasonable  security  to  the  smaller  states,  the 
appointment  of  one  executive,  to  be  elected  by  an  equaHty  of 
state  votes.  The  delegates  from  Virginia,  who  had  hesitated, 
yielding,  it  was  unanimously  declared  that  the  national  exec- 
utive was  to  consist  of  one  person.  The  effort  was  renewed 
to  render  him  eligible  by  the  electors  of  the  people.  It  was 
then  proposed  that  he  should  be  chosen  by  electors  ap- 
pointed by  the  legislatures  of  the  states ;  but  the  choice  was 
given  to  the  national  legislature,  in  conformity  with  the 
original  proposition  of  Virginia.  He  was  declared  to  be 
re-eligible.  The  trusts  of  carrying  into  execution  the  na- 
tional laws,  and  of  appointing  the  national  officers,  subject 
to  the  negative  of  two-thirds  of  the  legislature,  were  con- 


^T.30.J  HAMILTON.  327 

fided  to  him ;  and  a  motion  was  made  to  substitute  for  a 
terra  of  seven  years,  the  provision  that  he  should  hold  his 
office  during  good  behaviour.  This  important  substitute 
was  supported  by  the  votes  of  four  states,  New  Jersey, 
Pennsylvania,  Delaware,  and  Virginia ;  but  the  term  of 
seven  years  was  retained. 

A  judiciary  during  good  behaviour  was  next  established ; 
and,  after  an  effort  to  confide  the  appointment  of  the 
judges  to  the  executive  department  solely,  and  then,  as 
Hamilton  had  proposed  in  his  plan,  to  require  the  consent 
of  the  senate,  the  appointment  was  given  to  the  senate  ; 
another  concession  to  state  influence.  Its  jurisdiction  was 
declared  to  extend  to  cases  arising  under  laws  passed  by 
the  general  legislature,  and  to  such  other  questions  as  in- 
volve the  national  peace  and  harmony. 

The  discussion  was  continued  until  the  twenty-sixth  of 
July,  much  time  being  devoted  to  the  institution  of  the 
executive,  and  to  the  consideration  of  a  proposal  to  require 
certain  qualifications  of  landed  property  and  citizenship 
in  the  members  of  each  department  of  the  government. 

The  modified  resolutions  were  then  referred  to  a  commit- 
tee of  detail  to  prepare  and  report  the  outline  of  a  constitu- 
tion on  the  sixth  of  August,  to  which  time  the  convention 
adjourned.  A  draft  of  a  constitution  was  on  that  day 
reported,  founded  upon  the  principles  which  had  been  pre- 
viously adopted,  with  many  supplementary  provisions. 

The  compromise,  thus  far,  had  only  extended  to  the 
structure  of  the  government ;  its  influence  was  now  chiefly 
seen  in  the  limitations  of  its  powers — limitations  which 
may  be,  with  much  probability,  ascribed  to  Randolph  and 
Ellsworth,  who,  with  Rutledge,  Gorham,  and  Wilson,  com- 
posed the  committee  of  detail. 

This  supposition  is  founded  on  a  fact,  which,  it  is  be- 
lieved, has  not  heretofore  attracted  attention. 

On  the  twenty-second  of  August,  seventeen  hundred 


328  THE  EEPUBLIO.  [1T8T. 

and  eighty-one,  Randolph,  Ellsworth,  and  Varnum,  who 
had  been  appointed  a  committee  to  prepare  an  exposition 
of  the  confederation,  made  a  report.  They  stated  that  they 
ought  to  be  discharged,  because  "  the  omission  to  enume- 
rate any  of  the  powers  of  congress  would  become  an  ar- 
gument against  their  existence,  and  that  it  will  be  early 
enough  to  insist  on  them  when  they  shall  be  exercised 
and  disputed." 

Having  specified  in  what  particulars  "the  confedera- 
tion requires  execution,"  they  proceeded  to  enumerate  the 
cases  in  which  they  deemed  the  extension  of  the  powers 
of  congress  necessary. 

This  exposition  of  the  existing  powers  of  the  confede- 
ration, and  this  enumeration  of  the  proposed  supplemental 
powers,  may  be  regarded  as  the  source  from  which  the  detail 
of  the  legislative  powers  enumerated  in  this  plan  of  a  con- 
stitution is  derived.     One  marked  difference  is  observed. 

By  the  report,  the  concurrence  of  two-thirds  of  congress 
was  required  in  the  exercise  of  the  great  powers  of  war, 
treaty,  and  revenue,  while  in  this  draft  of  the  constitution 
such  concurrence  is  only  made  necessary  to  the  passage 
of  a  navigation  act — a  vicious  check  upon  legislation,  cer- 
tain to  result  in  evasive  refinements.  The  convention 
having  refused  to  go  into  committee-,  this  plan  of  a  consti- 
tution was  discussed  in  the  house.  In  its  general  outline 
may  be  seen  the  extent  to  which  Hamilton's  system  was 
followed,  and  in  the  similarity  of  some  of  the  modifications 
which  were  proposed,  the  part  he  took  as  the  discussion 
progressed. 

He  continued  in  the  convention  until  after  the  thirteenth 
of  August,  when  it  is  seen  by  the  journal,  that  instead  of 
the  provision  requiring  as  a  qualification  for  a  seat  in  the 
house  of  representatives  that  the  candidate  should  have  been 
a  citizen  seven  years,  he  urged  that  citizenship  and  inhabi- 
tancy were  sufficient  pre-requisites,  leaving  to  the  discre- 


^T.  30.]  HAMILTON.  329 

lion  of  the  legislature  to  prescribe  such  rules  of  naturali- 
zation as  should  be  found  expedient.  He  was  soon  after 
compelled  again  to  repair  to  New-York. 

The  following  letters  evince  his  determination  to  give  his 
sanction  to  its  proceedings,  under  a  conviction  that  what- 
ever plan  should  be  adopted,  would  be  an  improvement 
upon  the  articles  of  the  confederation,  and  that  a  dissolu- 
tion of  that  body  without  the  recommendation  of  a  sub- 
stitute, would  produce  a  dissolution  of  the  union. 

HAMILTON  TO  RUFUS  KING. 
DEAR  SIR, 

Since  my  arrival  here,  I  have  written  to  my  colleagues, 
informing  them  if  either  of  them  would  come  down,  I 
would  accompany  him  to  Philadelphia :  so  much  for  the 
sake  of  propriety  and  public  opinion. 

In  the  mean  time,  if  any  material  alteration  should  hap- 
pen to  be  made  in  the  plan  now  before  the  convention,  I 
will  be  obliged  to  you  for  a  communication  of  it.  I  will 
also  be  obliged  to  you  to  let  me  know  when  your  conclu- 
sion is  at  hand,  for  I  would  choose  to  be  present  at  that 
time. 

New-York,  August  20,  1787. 

THE  SAME  TO  THE  SAME. 

DEAR  SIR, 

I  wrote  you  some  days  since,  to  request  you  to  inform 
me  when  there  was  a  prospect  of  your  finishing,  as  I  in- 
tended to  be  with  you,  for  certain  reasons,  before  the 
conclusion. 

It  is  whispered  here,  that  some  late  changes  in  youi 
scheme  have  taken  place,  which  give  it  a  higher  tone.  Is 
this  the  case  ?     I  leave  town  to-day  to  attend  a  circuit  in 


330  THE  EEPUBLIO.  [1787. 

a  neighbouring  county,  from  which  I  shall  return  the  last 
of  the  week,  and  shall  be  glad  to  find  a  hne  from  you,  ex- 
planatory of  the  period  of  the  probable  termination  of 
your  business. 

New-York,  August  28,  1787. 

His  anxiety  for  the  establishment  of  an  energetic  nation- 
al government  was  increased  by  a  circumstance  which 
indicates  the  unsettled  state  of  the  public  feeling,  the  dis- 
trusts of  the  community,  and  the  mad  projects  which  the 
deranged  affairs  of  the  country  had  engendered. 

During  his  sojourn  at  New- York,  a  report  was  mention- 
ed in  a  gazette*  of  that  city,  that  a  project  was  in  embryo 
for  the  establishment  of  a  monarchy,  at  the  head  of  which 
it  was  contemplated  to  place  the  bishop  of  Osnaburgh. 

This  report  was  traced  to  a  political  letter,  which  had 
been  circulated  in  Connecticut,  suggesting  this  plot. 

The  extraordinary  nature  of  this  suggestion,  whether  in- 
tended to  excite  prejudices  against  the  convention,  or  to 
alarm  the  anti-federalists  to  an  adoption  of  such  a  consti- 
tution as  it  should  propose,  or  as  an  experiment  upon  pub- 
lic opinion,  engaged  the  attention  of  Hamilton.  He  im- 
mediately addressed  a  letter  to  Colonel  Wadsworth,  asking 
a  solution  of  this  enigma,  in  which  he  observes,  "  The  his- 
tory of  its  appearance  among  us,  is,  that  it  was  sent  by 
one  Whetmore,  of  Strafford,  formerly  in  the  paymaster- 
general's  office,  to  a  person  in  this  city. 

"  I  am  at  a  loss  clearly  to  understand  its  object,  and  have 
some  suspicion  that  it  has  been  fabricated  to  excite  jeal- 
ousies against  the  convention,  with  a  view  to  an  opposition 
to  their  recommendations ;  at  all  events,  I  wish  you,  if 
possible,  to  trace  its  source,  and  send  it  to  you  for  that 
purpose. 

*  Daily  Advertiser,  August  18,  1787 


^T.  30.]  HAMILTON.  331 

"Whetmore  must  of  course  say  where  he  got  it,  and  by 
pursuing  the  information,  we  may  at  last  come  at  the  au- 
thor. Let  me  know  the  pohtical  connections  of  this  man, 
and  the  complexion  of  the  people  most  active  in  the  circu- 
lation of  the  letter."  It  appears  from  the  reply  of  Colonel 
Wads  worth,  that  he  had  referred  the  inquiry  to  Colonel 
Humphries,  whose  letter  to  Hamilton  of  the  first  of  Sep- 
tember, states  that  this  letter  had  been  printed  in  a  Fair- 
field paper  of  the  twenty-fifth  of  July  past.  "  Whetmore 
informs  me  that  when  he  first  saw  it,  it  was  in  the  hands 
of  one  Jared  Mansfield,  who,  I  believe,  has  formerly  been 
reputed  a  loyalist.  Indeed,  it  seems  to  have  been  received 
and  circulated  with  avidity  by  that  class  of  people,  wheth- 
er fabricated  by  them  or  not.  I  think  there  is  little  doubt 
it  was  manufactured  in  this  state.  Some  think  the  real 
design  was  to  excite  the  apprehensions  of  the  anti-federal- 
ists, with  the  idea  that  the  most  disastrous  consequences 
are  to  be  expected,  unless  we  shall  accept  the  proceedings 
of  the  convention ;  but  others,  with  more  reason,  that  it 
was  intended  to  feel  the  pubhc  pulse,  and  to  discover 
whether  the  public  mind  would  be  startled  with  proposi- 
tions of  royalty.  The  quondam  tories  have  undoubtedly 
coijceived  hopes  of  a  future  union  with  Great  Britain,  from 
the  inefficacy  of  our  government,  and  the  tumults  which 
prevailed  in  Massachusetts  during  the  last  winter. 

"  It  seems,  by  a  conversation  I  have  had  here,  that  the 
ultimate  practicability  of  introducing  the  bishop  of  Osna- 
burgh,  is  not  a  novel  idea  among  those  who  were  formerly 
termed  loyalists.  Ever  since  the  peace,  it  has  been  occa- 
sionally talked  of  and  wished  for.  Yesterday,  where  I 
dined,  half  jest,  half  earnest,  he  was  given  as  the  first 
toast. 

"  I  leave  you  now,  my  dear  friend,  to  reflect  how  ripe 
we  are  for  the  most  mad  and  ruinous  project  that  can  be 
suggested,  especially  when,  in  addition  to  this  view,  we 


332  THE   REPUBLIC.  [1787. 

take  into  consideration  how  thoroughly  the  patriotic  part 
of  the  community,  the  friends  of  an  efficient  government, 
are  discouraged  with  the  present  system,  and  irritated  at 
the  popular  demagogues,  who  are  determined  to  keep 
themselves  in  office  at  the  risk  of  every  thing. 

"  I  am  happy  to  see  you  have  had  the  boldness  to  attack, 
in  a  public  paper,  the  anti-federal  dogmas  of  a  great  per- 
sonage of  your  state.  Go  on,  and  prosper.  Were  the  men 
of  talents  and  honesty  throughout  the  continent  properly 
combined  into  one  phalanx,  I  am  confident  they  would  be 
competent  to  hew  their  way  through  all  opposition,  and 
establish  a  government  calculated  to  promote  the  happi- 
ness of  mankind,  and  make  the  revolution  a  blessing  in- 
stead of  a  curse."  Here  this  matter  terminated.  It  ap- 
pears from  a  subsequent  memorandum  of  Hamilton's,  that 
though  there  was  little  to  fear  from  the  project,  that  he 
did  not  consider  it  entirely  destitute  of  reality. 

His  allusion,  in  his  letter  to  King,  to  "  whispered 
changes"  in  the  scheme  which  gave  it  a  higher  tone,  re- 
ferred to  several  additional  powers  proposed  to  be  vested 
in  the  legislature,  which  were  referred  ;  to  a  modification 
in  the  mode  of  electing,  and  in  the  duration  and  powers 
of  the  executive  ;  to  an  enlargement  of  the  jurisdiction^of 
the  judicial  department ;  and  to  a  full  declaration  of  the 
supremacy  of  the  constitution  and  laws  of  the  United 
States, — in  all  of  which  may  be  seen  an  adoption  of,  or  ap- 
proximation to,  the  principles  in  his  plan. 

The  tone  of  the  convention  was  evidently  undergoing  a 
change,  and  the  chief  collision  at  this  period  grew  out  of 
an  effi^rt  on  the  part  of  the  non-slaveholding  states  to  re- 
strain the  extension  of  that  evil,  and  on  the  part  of  the 
planting  states  to  exclude  the  power  of  levying  duties  on 
exports,  and,  by  requiring  the  assent  of  two-thirds  of  the 
legislature  to  the  enactment  of  a  navigation  act,  or  to  acts 


yET.  30.]  HAMILTON.  333 

regulating  commerce,*  to  provide  against  a  danger  long  the 
source  of  great  but  groundless  apprehension  in  that  part 
of  the  union. 

In  the  beginning  of  September,  Hamilton  resumed  his 
seat  in  the  convention.  No  means  exist  of  showing  mi- 
nutely the  several  propositions  of  which  he  was  the  author. 

The  great  modifications  the  system  underwent  subse- 
quent to  this  period,  in  conformity  with  his  previously 
avowed  opinions,  and  the  close  analogy  between  parts  of 
the  existing  constitution  and  the  plan  of  government  he 
had  framed,  give  the  evidence  of  his  efficient  participation 
in  the  closing  labours  of  that  body.  That  he  was  elected  a 
member  of  the  last  committee  appointed,  with  instructions 
to  revise  the  style  and  arrange  the  articles  agreed  to  by 
the  house,  refutes  the  impression  sought  to  be  given,  that  he 
remained,  at  so  interesting  a  crisis  of  this  country,  an  almost 
inactive  spectator  of  the  proceedings  of  a  great  council, 
to  the  formation  of  which  he  had  devoted  all  his  energies. 

A  statement  of  a  member  of  that  committee  of  revisal, 
of  distinguished  talent  and  character,  is  to  the  point  on 
this  question.  "  If,"  Doctor  Johnson  remarked,  "  the  con- 
stitution did  not  succeed  on  trial,  Hamilton  was  less  re- 
sponsible for  that  result  than  any  other  member,  for  he 
fully  and  frankly  pointed  out  to  the  convention  what  he 
apprehended  were  the  infirmities  to  which  it  was  liable. 
And  if  it  answered  the  fond  expectations  of  the  public, 
the  community  would  be  more  indebted  to  Hamilton  than 
to  any  other  member ;  for,  after  its  essential  outlines  were 
agreed  to,  he  laboured  most  indefatigably  to  heal  those  in- 
firmities, and  to  guard  against  the  evils  to  which  they  might 
expose  it." 

*  In  a  division  on  this  question  of  commercial  regulation,  Aug.  29,  the 
votes  were  for  the  restriction,  Maryland,  Virginia,  North  Carolina,  and  Geor- 
gia ;  against  it,  the  other  seven  states,  including  South  Carolina. 


334  THE  KEPUBLIC.  [1787. 

On  the  fourth  of  September,  the  grand  committee  of 
each  state  made  an  important  report. 

One  branch  of  it  gave  full  fiscal  power  to  the  govern- 
ment. The  legislature  w^ere  invested  with  a  "  power  to 
lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay 
the  debts,  and  to  provide  for  the  common  defence  and  gen- 
eral welfare  of  the  United  States." 

The  office  of  the  executive  had  been  reconsidered.  His 
term  was  reduced  from  seven  to  four  years,  and,  adopting 
in  part  Hamilton's  views,  he  was  to  be  chosen  by  electors ; 
but,  reluctant  to  relinquish  the  policy  which  would  con- 
sider the  states,  and  not  the  people,  of  the  union  as  the 
basis  of  the  constitution,  each  state  was  to  appoint,  "  in 
such  manner  as  its  legislature  may  direct,  a  number  of 
electors  equal  to  its  representation  in  congress."  If  the 
candidate  should  not  have  a  majority  of  the  ballots  of  the 
whole  number  of  electors,  the  eventual  choice  devolved  on 
the  senate. 

Hamilton  was  opposed  to  this  provision — it  being  an 
essential  part  of  his  policy,  that  the  chief  magistrate  should 
not  be  chosen  by  any  pre-existing  body,  and  should  be  the 
representative  of  the  people,  and  not  of  the  states.  The 
eventual  choice  by  the  senate  was  also  repugnant  to  his 
views.  He  saw,  as  an  inevitable  consequence,  that  many 
of  the  states,  to  secure  to  their  senators  an  ultimate  control 
over  the  executive,  would  defeat  the  choice  by  electors. 
Rather  than  incur  this  evil,  to  which,  as  the  president 
was  re-eligible,  would  be  superadded  the  danger  of  a  cor- 
rupt influence  being  exerted  by  him  upon  the  senate,  he  is 
represented  as  preferring  that  the  highest  electoral  ballot, 
though  not  that  of  a  majority,  should  appoint  him. 

The  constitution  of  this  office  was  a  subject  of  consid- 
eration until  near  the  termination  of  their  deliberations : 
an  eflfort  being  made,  but  defeated,  to  extend  the  execu- 
tive term  from  four  years  to  seven,  to  declare  him  not 


uEt.  30.]  HAMILTON.  335 

re-eligible,  and  to  restore  the  choice  to  the  national  legis- 
lature. 

Hamilton's  views  as  to  the  structure  of  the  government, 
were  modified  during  the  progress  of  these  discussions. 

In  his  minutes  of  the  debates  taken  at^n  early  period 
of  its  deliberations,  this  remark  is  found :  "  At  the  period 
which  terminates  the  duration  of  the  executive,  there  will 
be  always  an  awful  crisis  in  the  national  situation."  This 
apprehension  grew  with  his  reflections  ;  and  when  he  saw 
that  the  senate  were  to  be  chosen  for  a  period  of  only  six 
years,  with  terms  ceasing  by  rotation,  and  to  be  chosen  by 
the  states  in  their  sovereign  capacities,  and  not  by  electors 
of  the  people,  it  became  a  necessary  consequence  that  he 
would  limit  the  duration  of  the  executive  ofiice  propor- 
tionably.  A  president  of  so  great  duration  as  good  beha- 
viour, with  a  senate  of  so  limited  a  duration,  would  soon 
have  become  its  master. 

Influenced  by  these  considerations,  he  drew  up  a  second 
plan  while  the  convention  was  sitting,  which  limited  the 
term  of  the  president  to  only  three  years. 

The  powers  of  the  president  were  again  discussed,  and 
were  established  according  to  the  provisions  in  his  first 
plan.  He  was  declared  to  be  commander-in-chief  of  the 
army  and  navy  of  the  United  States,  and  of  the  militia  of 
the  several  states.  All  treaties  were  to  be  made  by  him, 
with  the  advice  and  consent  of  the  senate,  with  this  quali- 
fication, that  "  two-thirds  of  the  senators  present  concur." 
In  defining  the  power  of  appointment,  with  the  exception 
that  the  senate  were  to  have  a  voice  in  that  of  the  heads 
of  the  executive  departments,  his  plan  was  also  closely 
followed.  The  other  provisions  as  to  this  great  office, 
were  analogous  to  those  he  had  devised  ;  and  though  with- 
out the  guards  he  had  sought  to  interpose,  the  great  prin- 
ciple was  finally  established,  that  he  was  to  be  chosen 
through  the  medium  of  electors  chosen  by  the  people. 


336  THE  KEPUBLIO.  *    [1787. 

His  first  plan,  it  is  seen,  contemplated  a  house  ot  repre- 
sentatives, to  consist  in  the  first  instance  of  one  hundred 
members.  This  number  was  proposed  by  Hugh  William- 
son, but  was  not  approved. 

A  house  of  Representatives,  to  consist  of  sixty-five  mem- 
bers, which  the  scheme  then  before  the  convention  had  in 
view,  he  thought  was  on  so  narrow  a  scale  as  to  be  dan- 
gerous, and  justly  to  warrant  a  jealousy  for  the  liberty  of 
the  country.  It  was  the  more  important  in  his  view  to 
enlarge  it,  because  of  the  determination  to  give  the  event- 
ual choice  of  the  president  to  that  branch  of  the  legislature, 
and  from  a  belief,  as  he  remarked,  "  that  the  connection  be- 
tween the  president  and  senate  would  tend  to  perpetuate 
him  by  corrupt  influence."*  Hamilton's  "  earnestness  and 
anxiety  "  on  this  point  were  felt  by  Washington,  and  after 
the  convention  had  refused  to  enlarge  the  representation,  at 
the  last  moment  of  its  sitting,  when  he  rose  to  put  the  final 
question  on  the  constitution,  he  requested  that  the  ratio  of 
representation  should  be  established  at  thirty  instead  of 
forty  thousand  for  each  representative,  until  a  census  should 
be  taken.  The  diminished  ratio  was  unanimously  assented 
to.  In  further  security  of  liberty,  Hamilton's  important 
precaution  had  been  adopted,  excluding  any  "religious 
test "  as  a  qualification  for  office,  but  omitting  the  prohibi- 
tion in  his  plan  of  the  establishment  "  by  law  of  any  reli- 
gious sect  or  denomination." 

One  article  of  the  draft  then  before  that  body  provided 
that,  on  the  application  of  the  legislatures  of  two-thirds  of 
the  states  in  the  union  for  an  amendment  of  the  constitu- 
tion, the  legislature  of  the  United  States  should  call  a  con- 
vention for  that  purpose. 

To  this  article  two  serious  objections  existed :  one,  that 
such  an  application  would  not  be  made  by  the  states,  unless 

*  MadisoD's  Debates,  1533. 


^T.80.]  HAMILTON.  337 

with  a  view  to  increase  their  powers,  and  the  more  enfee- 
ble the  general  government ;  the  other,  the  clanger  to  be 
apprehended  of  throwing  open  the  whole  constitution  to  a 
future  convention,  a  measure  which  might  result  in  a  dis- 
solution of  the  union. 

Hamilton's  plan  avoided  these  evils.  Unwilling  to  lose 
his  hold  upon  the  constitution  about  to  be  recommended  as 
the  great  bond  of  union,  it  provided  that  amendments 
might  be  proposed  by  the  legislature  of  the  United  States, 
two-thirds  of  its  members  concurring,  which,  if  ratified  by 
the  legislatures  or  conventions  of  two-thirds  of  the  states 
composing  the  union,  should  become  parts  of  the  still  ex- 
isting constitution. 

His  plan  also  probably  led  to  the  provisions  in  the  fifth 
article  of  the  constitution,  which  was  the  result  of  a  com- 
promise. 

The  draft  of  a  constitution  reported  on  the  sixth  of  Au- 
gust, proposed  that  it  should  be  laid  before  congress  for 
their  approbation,  and  declared  it  as  "  the  opinion  of  the 
convention,"  that  it  should  be  afterwards  submitted  to  a 
convention,  to  be  chosen  in  each  state  under  the  recom- 
mendation of  its  legislature,  to  receive  its  ratification. 
Should  congress  not  have  thought  proper  to  submit  the 
constitution  to  be  ratified,  an  event  which,  from  the  tem- 
per previously  displayed  by  that  body,  was  not  improbable, 
the  labours  of  the  convention  would  have  been  regarded 
as  little  more  than  a  solemn  farce. 

Hamilton's  plan  declared,  "that  this  constitution  shall 
be  submitted  to  the  consideration  of  conventions  in  the 
several  states,  the  members  whereof  shall  be  chosen  by  the 
people,  under  the  direction  of  their  legislatures  ;  the  rati- 
fication of  each  state  being  final,  with  power  to  each  con- 
vention, thus  immediately  expressing  the  will  of  the  people 
to  appoint  its  senators  and  representatives,  who,  as  Wash 
ington  wodd  be  the  choice,  were  to  elect  the  first  president 
Vol.  III.— 22 


338  THE  EEPUBLIO.  [1787. 

Thus  the  establishment  of  the  constitution  was  ensured, 
the  people  of  each  state  ratifying  it,  becoming  by  that  act 
parties  to  it,  and  forming  the  nucleus  of  a  more  extended 
union. 

The  last  article  of  the  present  constitution  was  evidently 
framed  in  reference  to  this  provision,  though  it  embodied 
a  vicious  j)rinciple  of  the  confederation ;  declaring  that 
"  the  ratification  of  the  conventions  of  nine*  states  shall  be 
sufficient  for  the  establishment  of  the  constitution  between 
the  states  so  ratifying"  it. 

A  revised  plan  of  the  constitution  was  reported  by  John- 
son, on  the  twelfth  of  September,  with  a  letter  to  congress 
stating  it  to  be  the  result  of  a  spirit  of  amity,  and  of  that 
mutual  deference  and  concession  which  the  peculiarity  of 
their  poHtical  situation  rendered  indispensable.  Several 
amendments  having  been  made  to  the  plan,  an  engrossed 
copy  was  read  before  the  convention  on  the  seventeenth 
of  September. 

Though  doubting  much  of  the  efficacy  of  several  of  its 
provisions,  Hamilton  earnestly  urged  the  unanimous  ap- 
proval of  all  the  members  of  the  convention.  Three — 
Gerry,  Mason,  and  Randolph — withheld  their  assent ; 
all  the  other  delegates  affixed  their  signatures,  among 
which  Hamilton's  name  appears  as  the  sole  representative 
of  New-York.f 

From  the  previous  narrative,  it  appears  that  any  uncom- 
pelled  disclosure  of  the  proceedings  of  the  federal  conven- 
tion, was  a  breach  of  an  express  stipulation  among  its  mem- 
bers. It  was  to  be  expected  that  those  who  could  violate 
that  stipulation,  would  not  be  very  scrupulous  as  to  the  ac- 
curacy of  their  statements. 

The  eminent  position  Hamilton  held  before  this  nation, 
would  naturally  excite  opposition  and  lead  to  misrepre- 

*  Seven  had  been  proposed,  then  ten,  then  nine. 

f  The  signatures  were  made  tinder  his  supervision,  as  the  designation  of 
the  States  opposite  to  the  members  names  is,  in  the  engrossed  copy,  in  his 
li  and- writing. 


^T.  30.]  HAMILTON".  339 

sentation.  In  the  absence  of  real  grounds  of  inculpation, 
the  more  apt  would  be  the  resort  to  imputations  of  opinions 
offensive  to  the  easily  excited  suspicions  of  a  jealous  popu- 
lation. 

Such  was  the  pohcy  of  his  enemies.  His  theoretic  doubts 
of  the  permanency  of  purely  democratic  institutions,  and 
of  their  power  to  promote  the  happiness  of  a  community, 
and  his  approval  of  the  British  constitution,  however  quali- 
fied, the  open  avowal  of  which  ought  to  have  produced 
the  opposite  effect,  were  tortured  into  evidence  of  opinions 
unfriendly  to  liberty,  and  these  opinions  were  soon  repre- 
sented as  designs. 

Some  additional  statements  are  thus  rendered  necessary. 
In  the  reply  previously  referred  to,  made  by  Hamilton  to 
an  anonymous  attack  in  the  year  seventeen  hundred  and 
ninety-two,  at  the  seat  of  government,  when  nearly  all  the 
members  of  the  convention  were  living,  to  a  charge  that 
he  "  opposed  the  constitution  in  the  grand  convention,  be- 
cause it  was  too  republican,"  he  remarked,  "This  I  af- 
firm to  be  a  gross  misrepresentation.  To  prove  it  so,  it 
were  sufficient  to  appeal  to  a  single  fact,  namely,  that  the 
gentleman  alluded  to  was  the  only  member  from  the  state 
to  which  he  belonged  who  signed  the  constitution,  and,  it  is 
notorious,  against  the  prevailing  weight  of  the  official  in- 
fluence of  the  state,  and  against  what  would  probably  be 
the  opinion  of  a  large  majority  of  his  fellow-citizens,  till 
better  information  should  correct  their  first  impressions. 
How,  then,  can  he  be  believed  to  have  opposed  a  thing 
which  he  actually  agreed  to,  and  that  in  so  unsupported  a 
situation  and  under  circumstances  of  such  peculiar  respon- 
sibility ?  To  this,  I  shall  add  two  more  facts : — One,  that 
the  member  in  question  never  made  a  proposition  to  the 
convention  which  was  not  conformable  to  the  republicar 
theory.  The  other,  that  the  highest  toned  of  any  of  the 
propositions  made  by  him,  was  actually  voted  for  by  the 


340  THE   REPUBLIC.  [1787. 

representatives  of  several  states,  including  some  of  the 
principal  ones,  and  including  individuals  who,  in  the  esti- 
mation of  those  v^ho  deem  themselves  the  only  republicans, 
are  pre-eminent  for  republican  character.  More  than  this 
I  am  not  at  liberty  to  say."* 

*  That  Virginia  voted  for  a  president  during  good  behaviour,  is  seen  in  the 
journal  of  the  seventeenth  of  July,  and  that  Madison  gave  one  of  these  votes 
is  not  controverted  by  him  in  his  report  of  the  proceedings  of  that  day.  He 
only  seeks  to  explain  it.  His  statement  is,  that  Doctor  McClurg  moved  this 
term  of  service,  with  the  comment,  that "  the  probable  object  of  this  motion  was 
merely  to  enforce  the  argument  against  the  rc-eligibility  of  the  executive  ma- 
gistrate by  holding  out  a  tenure  during  good  behaviour,  as  the  alternative  for 
keeping  him  independent  of  the  legislature."  Madison  reports  his  own 
speech  on  this  motion,  which,  as  far  as  it  relates  to  it,  does  not  disapprove  it, 
and  adds  this  observation  in  a  note  :  "  The  view  here  taken  of  the  subject, 
was  meant  to  aid  in  parrying  the  animadversions  likely  to  fall  on  the  motion 
of  Doctor  McClurg,  for  whom  J.  M.  had  a  particular  regard.  The  Doctor, 
though  possessing  talents  of  the  highest  order,  was  modest  and  unaccustom- 
ed to  exert  them  in  public  debate."  It  will  be  recollected  that  this  explana- 
tion is  given  after  Hamilton's  public  and  then  uncontradicted  charge,  that 
Madison's  views  on  this  subject  did  not  differ  from  his  own.  Complaisance 
strained  to  its  utmost  limit  might  induce  these  remarks  to  parry  aniraadver. 
sions  on  a  friend,  but  complaisance  did  not  require  that  Madison  should  not 
merely  have  sought  to  parry  censure  of  the  proposition  of  a  friend  which  he 
wished  himself  to  be  regarded  as  disapproving,  but  that  he  should  have  record, 
ed  his  vote  in  favour  of  it.  "  This  vote,"  he  also  observes  in  a  note,  "  is  not 
to  be  considered  as  any  certain  index  of  opinion,  as  a  number  in  the  affirma- 
tive probably  had  it  chiefly  in  view  to  alarm  those  attached  to  a  dependence 
of  the  executive  on  the  legislature,  and  thereby  facilitate  some  final  arrange- 
ment of  a  contrary  tendency.  The  avowed  friends  of  an  executive  *  during 
good  behaviour,'  were  not  more  than  three  or  four,  nor  is  it  certain  they  would 
have  adhered  to  such  a  tenure."  Madison  has  also  left  the  evidence  that  he 
did  not  at  that  time  regard  such  a  term  of  office  as  being  inconsistent  with 
the  republican  theory.  "  If,"  he  wrote,  "  we  resort  for  a  criterion  to  the  dif- 
ferent principles  on  which  dilFerent  forms  of  government  are  established,  we 
may  define  a  repubhc  to  be,  or  at  least  may  bestow  that  name  on  a  govern, 
ment  which  derives  all  its  powers  directly  or  indirectly  from  the  great  body 
of  the  people,  and  is  administered  by  persons  holding  their  offices  during  plea- 
sure, for  a  limited  period,  or  during  good  behaviour,''''  &c. — Federalist,  No.  39. 
Thus  his  vote  and  his  theory  were  at  this  time  consistent  with  each  other. — 
Mad.  Papers,  1125,  6,  9. 


JEt.  30.]  HAMILTOIT.  341 

A  subsequent  misstatement  of  his  course  m  the  conven- 
tion, drew  forth  a  voluntary  publication  from  Luther  Mar- 
tin. "  That  Hamilton  in  a  most  able  and  eloquent  address, 
did  express  his  general  ideas  upon  the  subject  of  govern- 
ment, and  of  that  government  w^hich  would  in  all  human 
probability  be  most  advantageous  for  the  United  States,  1 
admit ;  but,  in  thus  expressing  his  sentiments,  he  did  not 
suggest  a  wish  that  any  one  officer  of  the  government 
should  derive  his  power  from  any  other  source  than  the 
people  ;  that  there  should  be  in  any  instance  an  hereditary 
succession  to  office,  nor  that  any  person  should  continue 
longer  than  during  good  behaviour." 

Another  publication  appeared,  charging  him  with  having 
proposed  a  monarchy  to  the  convention.  This  was  denied, 
and  it  was  replied,  that  "  he  proposed  a  system  composed 
of  three  branches,  an  assembly,  a  senate,  and  a  governor. 
That  the  assembly  should  be  elected  by  the  people  for  three 
years,  and  that  the  senate  and  governor  should  be  Hkewise 
elected  by  the  people,  during  good  behaviour." 

In  answer  to  this  publication,  Hamilton  published  a  full 
explanatory  view  of  the  propositions  made  by  him. 

"  Thus  the  charge,"  he  said,  "  is  at  length  reduced  to  spe- 
cific terms.  Before  it  can  be  decided,  however,  whether 
this  would  be  a  monarchy  or  a  republic,  it  seems  necessary 
to  settle  the  meaning  of  those  terms. 

"  No  exact  definitions  have  settled  what  is  or  is  not  a  re- 
publican government  as  contradistinguished  from  a  monar- 
chical. Every  man  who  speaks  or  writes  on  the  subject, 
has  an  arbitrary  standard  in  his  own  mind.  The  mad  de- 
mocrat will  have  nothing  republican  which  does  not  accord 
with  his  own  mad  theory.  He  rejects  even  representation. 
Such  is  the  opinion  held  by  a  man,  now  one  of  Mr.  Jeffer- 
son's ministers.  Some  authors  denominate  every  govern- 
ment a  monarchy,  in  which  the  executive  authority  is  placed 
in  a  single  hand,  whether  for  life  or  for  years,  and  wheth- 


342  THE   REPUBLIC.  [1787. 

er  conferred  by  election  or  by  descent.  According  to  this 
definition,  the  actual  government  of  the  United  States,  and 
of  most  of  the  states,  is  a  monarchy. 

"In  practice,  the  terms  republic  and  republican  have  been 
applied  with  as  little  precision.  Even  the  government  of 
England,  with  a  powerful  hereditary  king,  has  been  re- 
peatedly spoken  of  by  authors  as  a  commonwealth  or  re- 
public. The  late  governmer\,t  of  Holland,  with  an  heredi- 
tary stadtholder,  was  constantly  so  denominated.  That 
of  Poland,  previous  to  the  dissolution  of  the  state,  with  an 
executive  for  life,  was  never  called  by  any  other  name. 

"  The  truth  seems  to  be,  that  all  governments  have  been 
deemed  republics,  in  which  a  large  portion  of  the  sove- 
reignty has  been  vested  in  the  whole  or  in  a  considerable 
body  of  the  people  ;  and  that  none  have  been  deemed  mon- 
archies, as  contrasted  with  the  republican  standard,  in 
which  there  has  not  been  an  hereditary  chief  magistrate. 

"  Were  we  to  attempt  a  correct  definition  of  a  republi- 
can government,  we  should  say,  '  That  is  a  republican  gov- 
ernment, in  which  both  the  executive  and  legislative  organs 
are  appointed  by  a  popular  election,  and  hold  their  offices 
upon  a  responsible  and  defeasible  tenure.'  If  this  be  not 
so,  then  the  tenure  of  good  behaviour  for  the  judicial  de- 
partment is  anti-repubhcan,  and  the  government  of  this 
state  is  not  a  republic ;  if  the  contrary,  then  a  govern- 
ment would  not  cease  to  be  republican  because  a  branch 
of  the  legislature,  or  even  the  executive,  held  their  offices 
during  good  behaviour.  In  this  case  the  two  essential  cri- 
teria would  still  concur — the  creation  of  the  officer  by  a 
popular  election,  and  the  possibility  of  his  removal  in  the 
course  of  law,  by  accusation  before,  and  conviction  by,  a 
competent  tribunal. 

"  How  far  it  may  be  expedient  to  go,  even  within  the 
bounds  of  the  theory,  in  framing  a  constitution,  is  a  differ- 
ent question,  upon  which  we  pretend  not  to  give  our 


jEt.  30.j  HAMILTON.  343 

opinion.  It  is  enough  for  the  purpose  of  our  assertion,  if 
it  be  in  principle  correct.  For  even  then,  upon  the  state- 
ment of  the  *  citizen'  himself,  General  Hamilton  did  not 
propose  a  monarchy. 

"Thus  much  too  we  will  add,  that  whether  General  Ham- 
ilton at  any  stage  of  the  deliberations  of  the  convention 
did,  or  did  not  make  the  proposition  ascribed  to  him,  it  is 
certain  that  his  more  deliberate  and  final  opinion,  adopted 
a  moderate  term  of  years  for  the  duration  of  the  oflSce  of 
president ;  as  also  appears  by  a  plan  of  a  constitution,  in 
writing  now  in  this  city,  drawn  up  by  that  gentleman  in  detail. 

"  Whether  the  first  system  presented  by  Mr.  Hamilton, 
was  the  one  to  which  he  gave  a  decided  preference,  it 
would  be  difficult  to  say,  since  we  find  him  adopting  and 
proposing  a  different  one  in  the  course  of  the  sitting  of  the 
convention.  It  may  have  been  that  his  opinion  was  nearly 
balanced  between  the  two  ;  nay,  it  is  possible  he  may 
have  really  preferred  the  one  last  proposed,  and  that  the 
former,  like  many  others,  was  brought  forward  to  make  it 
the  subject  of  discussion,  and  see  what  would  be  the  opin- 
ions of  different  gentlemen  on  so  momentous  a  subject. 
And,  it  is  now  repeated  with  confidence,  that  the  Virginia 
delegation  did  vote  for  the  most  energetic  form  of  govern- 
ment, and  that  Mr.  Maddison  was  of  the  number.  But  we 
desire  to  be  distinctly  understood,  that  it  was  never  intended, 
by  mentioning  this  circumstance,  to  impeach  the  purity  of 
Mr.  Maddison's  motives.  To  arraign  the  morals  of  any 
man,  because  he  entertains  a  speculative  opinion  on  gov- 
ernment different  from  ourselves,  is  worse  than  arrogance. 
He  who  does  so,  must  entertain  notions  in  ethics  extremely 
crude,  and  certainly  unfavourable  to  virtue." 

It  is  not  to  be  believed  that  such  a  statement  would  have 
been  thus  publicly  made,  challenging  contradiction,  during 
the  lives  of  so  many  members  of  the  convention,  if  it  had 
been  in  any  respect  erroneous  ;  nor  that  Hamilton  would 


S4A  THE  REPUBLIC.  [1787. 

have  referred  to  his  second  plan  of  a  constitution  as  being 
"  in  writing  now  in  this  city,"  unless  it  was  there  to  be 
produced.  This  was  a  topic  of  much  interest,  and  much 
canvassed  in  the  political  controversies  which  had  arisen, 
yet  his  representation  was  not  controverted.  Another 
exposition  of  his  opinions  is  found  in  a  letter  addressed  by 
him  to  Colonel  Pickering  during  the  following  year.* 

*  New- York,  September  16,  1803, 

31Y    DEAR   SIR, 

I  will  make  no  apology  for  my  delay  in  answering  your  inquiry  some  time 
since  made,  because  I  could  offer  none  which  would  satisfy  myself.  I  pray 
you  only  to  believe  that  it  proceeded  from  any  thing  rather  than  want  of  re- 
spect  or  regard.     I  shall  now  comply  with  your  request. 

The  highest  toned  propositions  which  I  made  in  the  convention  were  for 
a  president,  senate,  and  judges,  during  good  behaviour  ;  a  house  of  represen- 
tatives  for  three  years.  Though  I  would  have  enlarged  the  legislative  power 
of  the  general  government,  yet  I  never  contemplated  the  abolition  of  the  state 
governments ;  but  on  the  contrary,  they  were,  in  some  particulars,  constitu- 
ent parts  of  my  plan. 

This  plan  was,  in  my  conception,  conformable  with  the  strict  theory  of  a 
government  purely  republican  ;  the  essential  criteria  of  which  are,  that  the 
principal  organs  of  the  executive  and  legislative  departments  be  elected  by 
the  people,  and  hold  their  offices  by  a  responsible  and  temporary  or  defeasible 
tenure. 

A  vote  was  taken  on  the  proposition  respecting  the  executive.  Five  states 
were  in  favour  of  it ;  among  these  Virginia ;  and  though,  from  the  manner  of  vo- 
ting by  delegations,  individuals  were  not  distinguished,  it  was  morally  certain, 
from  the  known  situation  of  the  Virginia  members,  (six  in  number,  two  of 
them.  Mason  and  Randolph,  professing  popular  doctrines,)  that  Madison  must 
have  concurred  in  the  vote  of  Virginia.  Thus,  if  I  sinned  against  republi- 
canism, Mr.  Madison  was  not  less  guilty. 

I  may  truly  then  say  that  I  never  proposed  either  a  president  or  senate  for 
life,  and  that  I  neither  recommended  nor  meditated  the  annihilation  of  the 
state  governments. 

And  I  may  add,  that  in  the  course  of  the  discussions  in  the  convention, 
neither  the  propositions  thrown  out  for  debate,  nor  even  those  voted  in  the 
earlier  stages  of  deliberation,  were  considered  as  evidences  of  a  definitive  opin- 
ion in  the  proposer  or  voter.  It  appeared  to  me  to  be  in  some  sort  understood 
that,  with  a  view  to  free  investigation,  experimental  propositions  might  be 
made,  which  were  to  be  received  merely  as  suggestions  for  consideration. 


^T.  30.]  HAMILTON.  345 

These  statements  receive  light  from  the  letter  of  a  con- 
temporary.* "  I  will  conclude  this  long  epistle  by  a  con- 
cise account  of  a  conversation  had  with  Hamilton,  which 
may  not  be  deemed  uninteresting,  since  it  exhibits  him  as 


Accordingly  it  is  a  fact,  that  my  final  opinion  was  against  an  executive  du. 
ring  good  behaviour,  on  account  of  the  increased  danger  to  the  public  tran. 
quillity  incident  to  the  election  of  a  magistrate  of  this  degree  of  permanency. 
In  the  plan  of  a  constitution  which  I  drew  up  while  the  convention  was 
sitting,  and  which  I  communicated  to  Mr.  Madison  about  the  close  of  it, 
perhaps  a  day  or  two  after,  the  ofiice  of  president  has  no  greater  duration 
than  for  three  years. 

This  plan  was  predicated  upon  these  bases  : — 1.  That  the  political  princi- 
pies  of  the  people  of  this  country  would  endure  nothing  but  a  republican 
goverrmient. — 2.  That  in  the  actual  situation  of  the  country,  it  was  itself 
right  and  proper  that  the  republican  theory  should  have  a  fair  and  full  trial. — 
3.  That,  to  such  a  trial  it  was  essential  that  the  government  should  be  so 
constructed  as  to  give  it  all  the  energy  and  the  stability  reconcilable  with 
the  principles  of  that  theory.  These  were  the  genuine  sentiments  of  my 
heart,  and  upon  them  I  then  acted. 

I  sincerely  hope  that  it  may  not  hereafter  be  discovered  that  through  want 
of  sufficient  attention  to  the  last  idea,  the  experiment  of  republican  govern- 
ment, even  in  this  country,  has  not  been  as  complete,  as  satisfactory,  and  as 
decisive,  as  could  be  wished.t 

*  Governor  Lewis. 


t  In  the  appendix.  No.  5,  to  Madison's  Debates,  this  letter  is  referred  to  as  evidence  that 
"  Colonel  Hamilton  was  under  the  erroneous  impression  that  this  paper  limited  the  duration 
of  tlie  presidential  term  to  three  years." 

The  "paper''*  thus  referred  to  by  Madison,  is  the  first  plan.  The  term  of  three  years  is 
in  the  second  plan,  Madison  has  not  left  behind  him  the  original  of  either  of  the  plans 
which  Hamilton  gave  him,  but  his  copy  of  one  of  them.  Hamilton's  statement  is,  that  he 
"  communicated  to  Madison  the  plan  in  which  the  office  of  president  has  no  greater  dura- 
tion than  three  years,  not  that  he  left  it  with  him,  but  on  the  contrary  publicly  refers  to  it 
as  "  a  plan  of  a  constitution  in  writing  now  in  this  city,  drawn  up  by  that  gentleman  in 
detail." 

Having  obtained  a  copy  of  the  first  plan,  which  probably  was  used  during  tlie  debates 
in  the  convention.  Madison  retains  it  in  his  possession,  and  refers  to  it  as  evidence  of  Ham- 
ilton's "want  of  memory,"  and  not  to  the  second  plan,  which  Hamilton  tenders  as  giving 
the  testimony  to  the  change  of  his  opinions.  But  he  does  not  deny  that  there  was  a  second 
plan.  It  will  be  remarked  that  the  volume  containing  the  Journal  of  the  Convention  de- 
posited in  the  department  of  state  is  imperfect — the  minutes  of  September  15th  being  crossed 
with  a  pen,  and  that  the  deficiency  is  supplied  by  minutes  furnished  by  Madison.  Tlius, 
the  evidence  which  this  part  of  the  journal  might  have  given  on  this  subject,  is  lost. — Jour 
oal,  p.  379,  in  a  note. 


346  THE  REPUBLIC.  [1787. 

a  statesman  who  looked  beyond  the  present  to  the  far  fu- 
ture interests  of  his  country.  It  is  well  known  that  he 
never  was  in  the  habit  of  concealing  or  disguising  his  sen- 
timents on  the  subject  of  government. 

"  Openly  denouncing,  on  all  occasions,  the  assertion  *  that 
the  best  administered  was  best,'  as  a  political  heresy, 
maintaining  the  superior  aptitude  to  a  good  administration, 
of  some  systems  over  others,  and  giving  the  preference, 
abstractedly  considered,  to  a  well-balanced  and  limited 
monarchy,  he  was  at  the  same  time  undeviating  from  the 
opinion  that  such  a  government  could  not  be  established 
in  the  United  States,  because  a  necessary  ingredient  in  its 
composition,  a  privileged  order,  would  be  sought  for  in 
vain  among  a  people  whose  favourite  motto  was  '  Liberty 
and  Equality.'  When,  therefore,  the  paragraphists  of  the 
day  announced  that  he  had  proposed  in  the  convention  of 
the  states  a  monarchic  form  of  government,  I  was  satis- 
fied it  was  the  effect  of  misconception  or  designed  misre- 
presentation. 

"  A  second  version,  that  he  proposed  a  presidency  for  hfe, 
I  thought  more  probable,  but  determined  to  suspend  my 
opinion  until  I  should  have  an  interview  with  him.  This 
was  afforded  to  me  soon  after  his  return  to  the  city  of 
New- York.  The  monarchic  proposition,  as  I  expected, 
he  explicitly  denied.  The  other  he  admitted,  with  the  qua- 
lification, a  president  during  good  behaviour,  or  for  a  com- 
petent period,  subject  to  impeachment,  with  an  ineligibility 
forever  thereafter. 

" '  My  reasons,' "  he  said,  "  *  were,  an  exclusion,  as  far  as 
possible,  of  the  influence  of  executive  patronage  in  the  choice 
of  a  chief  magistrate,  and  a  desire  to  avoid  the  incalculable 
mischief  which  must  result  from  the  too  frequent  elec- 
tions of  that  officer.  In  conclusion,  he  made  the  following 
piophetic  observation:  'You  nor  I,  my  friend,  may  not 
live  to  see  the  day,  but  most  assuredly  it  will  come,  when 


^T.30.]  HAMILTON.  347 

every  vital  interest  of  the  state  will  be  merged  in  the  all- 
absorbing  question  of  who  shall  he  the  next  President  ?  ' " 

A  statement  from  another  source  is  decisive  as  to  his 
final  opinion.  It  is  from  the  pen  of  Jefferson.*  ^^  My 
wiih  was  that  the  President  should  be  elected  for  seven 
years,  and  be  ineligible  afterwards.  This  term  I  thought 
sufficient  to  enable  him,  with  the  concurrence  of  the 
legislature,  to  carry  through  and  establish  any  system 
of  improvement  he  should  propose  for  the  general  good. 
But  the  practice  adopted,  I  think,  is  better,  allowing 
his  continuance  for  eight  years,  with  a  liability  to  be 
dropped  at  half-way  of  the  term,  making  that  a  period 
of  probation.  That  his  continuance  should  be  restrain- 
ed to  seven  years,  was  the  opinion  of  the  Conven- 
tion at  an  earlier  stage  of  its  session,  when  it  voted  that 
term,  by  a  majority  of  eight  against  two,  and  by  a  simple 
majority,  that  he  should  be  ineligible  a*  second  time. 
This  opinion  was  confirmed  by  the  House  so  late  as 
July  26,  referred  to  the  Committee  of  Detail,  reported 
favorably  by  them,  and  changed  to  the  present  form 
by  final  vote,  on  the  last  day,  but  one  only,  of  their  session. 
Of  this  change,  three  States  expressed  their  disapproba- 
tion :  New  York,  by  recommending  an  amendment, 
that  the  President  should  not  be  eligible  a  third  ti3ie, 
and  Virginia  and  North  Cai'olina,  that  he  should  not  be 
capable  of  serving  more  than  eight,  in  any  term  of  six- 
teen years ;  and  although  this  amendment  has  not  been 
made  in  form,  yet  practice  seems  to  have  established  it." 
As  Hamilton  was  the  only  delegate  then  present  from 
New  York,  the  amendment  proposing  ineligibility  after 
a  second  term  must  have  proceeded  from  him. 

This  is  a  statement  not  casually  made  in  the  course  of 
a  correspondence,  but  formally  drawn  up  by  Jefferson  in 

*  Jefferson's  Works,  Randolph  edition,  I,  64,  65. 


348  THE   REPUBLIC.  [1787. 

a  memoir  of  his  life,  showing  minute  references  to  the 
Journal  of  the  Convention. 

As  to  the  opinions  entertained  by  him  on  the  theory  of 
government,  it  is  felt  that  in  the  mode  in  which,  from  a 
desire  to  withhold  nothing,  they  appear,  much  injustice 
may  have  been  done  him ;  as  in  the  brief  of  his  great 
speech,  previous  to  an  exposition  of  his  first  plan  of  a  con- 
stitution, the  mere  general  heads  are  given  without  those 
qualifications  that  must  have  formed  an  essential  part  of  it ; 
while,  of  the  various  eflforts  made  by  him  to  harmonize 
and  to  adjust  the  different  parts  of  the  complicated  scheme 
as  it  progressed,  evolving  new  views  and  sources  of 
thought,  and  thus  informing  the  mind  of  the  convention,  but 
little  can  be  placed  before  the  public. 

Happily,  in  a  comparison  of  this  brief  with  his  numbers 
of  the  Federalist,  they  will  be  found,  with  the  exception 
of  his  abstract  discussion  of  the  theory  of  government,  in  a 
great  measure  to  have  filled  up  its  outline. 

From  these  sources  it  is  ascertained,  that  the  leading 
maxim  of  Hamilton  was,  that  a  good  government  consists 
in  a  vigorous  execution,  that  such  vigour  is  "  essential  to 
the  security  of  liberty,"  and  that,  "  in  the  contemplation  of 
a  sound  and  well-informed  mind,  their  interests  never  can 
be  separated." 

To  reconcile  the  requisite  vigour  with  the  perfect  se- 
curity of  liberty,  he  well  knew  was  almost  impracticable ; 
to  approximate  them  was  all  that  he  hoped  to  eflfect ;  but  in 
what  mode  this  could  best  be  accomplished,  was  a  problem 
which  he  acknowledged  to  be  full  of  difficulties. 

His  well-founded  and  openly  avowed  doubts  upon  a  sub- 
ject which  has  embarrassed  every  reflecting  practical  mind, 
have  been  denounced  as  evidences  of  dispositions  unfriendly 
to  freedom,  and  upon  so  slight  a  basis  has  been  raised  a  mass 
of  prejudice  w^hich  impeded  all  his  eflforts  to  promote  the 
well-being  of  this  country.    To  apply  to  him  his  own  gen- 


iET.  30.]  HAMILTON.  349 

eral  remark,  his  "  enlightened  zeal  for  the  energy  and  effi- 
ciency of  government,  has  been  stigmatized  as  the  off- 
spring of  a  temper  fond  of  power,  and  hostile  to  the  prin- 
ciples of  liberty."  Withgut  caring  to  propitiate  popular 
prejudices  on  a  subject  as  to  which  his  own  declaration  is 
deemed  sufficient — "  I  presume  I  shall  not  be  disbelieved 
when  I  declare,  that  the  establishment  of  a  republican 
government  on  a  safe  and  solid  basis  is  an  object  of  all 
others  nearest  and  most  dear  to  my  own  heart" — it  is 
enough  to  refer  to  the  whole  tenor  of  his  life. 

At  the  age  of  seventeen  he  is  seen  combating  the  arbi- 
trary policy  of  England ;  exhorting  the  American  people 
to  resistance ;  unfolding  the  future  glories  of  the  empire  ; 
rejecting  with  scorn  the  idea  of  a  system  sustained  "  by 
pensioners,  placemen,  and  parasites ;"  holding  up  to  them, 
as  the  great  prize  of  the  contest  they  were  invited  to 
wage,  the  establishment  of  the  "  steady,  uniform,  unshaken 
security  of  constitutional  freedom,"  and  avowing  with  a 
noble  enthusiasm,  which  was  his  perpetual  inspiration,  "  I 
would  die  to  preserve  the  law  upon  a  solid  foundation  ;  but 
take  away  liberty,  and  the  foundation  is  destroyed." 

In  seventeen  hundred  and  eighty,  amidst  the  din  and 
tumult  of  arms,  displaying  all  the  evils  of  a  want  of  gov- 
ernment, and  urging  "  a  solid  confederation." 

In  seventeen  hundred  and  eighty-one,  pressing  on  the 
minds  of  the  public,  in  the  "  Continentalist,"  the  organiza- 
tion of  a  "  great  federative  republic,  closely  linked  in  the 
pursuit  of  a  common  interest." 

In  seventeen  hundred  and  eighty-two,  inducing  the  legis- 
lature of  New- York  to  propose  "a  general  convention, 
authorized  to  revise  and  amend  the  confederation." 

In  seventeen  hundred  and  eighty-three,  at  least  an  equal 
participator  in  every  effiDrt  to  invigorate  the  confederacy, 
framing  an  appeal  to  the  people,  exhibiting  its  infirmities, 
and  inviting  them  to  establish  a  well-balanced  government. 


350  THE  REPUBLIC.  [1787. 

In  seventeen  hundred  and  eighty-four,  cautioning  them 
against  the  excesses  of  hberty,  and  enjoining  them  to  watch, 
with  more  intensity  than  the  vestal  fire,  "  this  sacred  de- 
posit "  which  had  been  confided  to  them. 

In  seventeen  hundred  and  eighty-five,  imploring  them  to 
dismiss  the  jealousies  which  had  been  excited  for  their  de- 
struction, and  to  repose  their  trust  where  it  should  be 
placed — "  all  government  implying  trust." 

In  seventeen  hundred  and  eighty-six,  again  addressing 
them  from  Annapolis,  and  invoking  them,  by  the  strongest 
motives,  to  appoint  a  convention  empowered  to  frame  a 
constitution  "  adequate  to  the  exigencies  of  the  union." 

And  in  seventeen  hundred  and  eighty-seven,  after  indu- 
cing the  concurrence  of  New- York  and  the  co-operation 
of  congress,  as  a  member  of  that  convention,  sacrificing  all 
prejudgments  ;  surrendering  his  matured  opinions,  and  la- 
bouring until  he  saw  a  constitution  framed,  not  such  as  he 
would  have  desired,  but  "  having,  as  far  as  was  consistent 
with  its  genius,  all  the  features  of  a  good  government ;"  a 
constitution  to  which  he  pledged  his  support  by  his  signa- 
ture— to  fulfil  which  pledge  he  devoted  all  his  energies. 

In  this  series  of  acts,  having  one  uniform  and  single 
end — the  "  establishment  of  a  republican  government  upon 
a  safe  and  solid  basis  " — will  be  found  an  ample  refutation 
of  all  the  calumnies  which  have  been  propagated. 

But,  while  repelling  this  accusation  of  his  hostility  to  the 
existing  system,  it  would  have  been  a  not  less  injustice  to 
his  memory  to  have  concealed  his  distrusts  of  the  success 
of  an  unbalanced  democracy. 

History  had  shown  all  free  governments,  either  convulsed 
by  intestine  feuds  and  foreign  influence,  or  prostrated  be- 
fore the  mob  and  surrendered  to  arbitrary  hands  ;  exhibit- 
ing in  every  stage  of  their  progress  deeper  shades  of 
misery  and  humiliation. 

To  this  current  of  human  affairs  there  existed  but  one 


^T.30.]  HAMILTON.  351 

exception.  A  government,  springing  up  amidst  the  bigotry 
and  barbarism  of  the  middle  ages,  had  been  seen  gradually 
moulded  by  the  steady  influence  of  enlightened  opinion ; 
resisting  during  centuries  every  form  of  violence,  and 
when  at  last  overthrown  by  the  crimes  of  its  magistrates, 
recovering  itself  by  the  strong  mfiuence  it  had  itself  cre- 
ated, and  renewed  in  its  vigour  by  constitutional  checks, 
the  fruits  of  experience ;  susceptible  of  amendment  with- 
out necessarily  jeoparding  its  existence ;  and  notwith- 
standing its  defects — for  what  government  is  without  de- 
fects ? — imparting  to  its  people  the  greatest  security  and 
largest  amount  of  durable  happiness  which  any  constitution 
ever  had  bestowed. 

Thus  finding  in  the  British  government  a  system  pro- 
ceeding upon  the  fact,  that  society  is  necessarily  composed 
of  different  interests,  and  obviating  the  great  difficulty  of 
all  governments  by  preserving  a  counterpoise  of  each  in- 
terest ;  exerting  itself,  but  regulated  in  that  exertion,  for  its 
own  protection.  Thus  seeing  the  realization  of  that  for 
which  the  wise  of  antiquity  had  wished,  but  had  not  dared 
to  hope,*  which  the  experience  of  centuries  had  approved, 
can  it  be  a  source  of  surprise  that  he  entertained  the  opin- 
ion, that  "  it  was  a  model,  though  unattainable,  to  be  ap- 
proached as  near  as  possible." 

But  his  was  not  a  blind  or  indiscriminate  admiration. 
The  representation  that  "  it  was  his  error  to  adhere  too 
•closely  to  the  precedents  of  the  British  constitution ;  that 
he  conceded  sometimes,  in  these  precedents,  equal  authori- 
ty to  what  was  good  and  bad,  to  its  principles  and  its 

*  Cicero  observes — de  Repub.  ].  2 — "Esse  optime  constitutam  rempubli- 
cam  quaB  ex  trlbus  generibus  illis,  regali,  optimo,  et  popular!,  sit  modice  con- 
fusa."  And  Tacitus,  in  his  Annals,  remarks,  "  Cunctas  nationes,  et  urbes, 
populus  aut  priraores,  aut  singuli  regunt ;  delecta  ex  his  et  constituta  reipub- 
hcEB  forma  laudari  facilius  quam  evenire,  vel  si  evenit,  haud  diuturna  esse 
Dotest." 


352  THE  EEPUBLIC.  [IW. 

abuses ;  that  he  did  not  allow  to  the  variety  of  political 
forms,  to  the  flexibility  of  human  society,  a  sufficient  share 
nor  a  bold  enough  confidence,"*  is  founded  on  the  calum- 
nies of  his  opponents,  propagated  for  the  two-fold  purpose 
of  exciting  against  him  the  jealousy  of  the  American  peo- 
ple, and  of  impairing  his  permanent  fame. 

In  his  commentary  on  the  federal  constitution,  when 
speaking  of  the  kingdom  of  Great  Britain,  he  observes  :f 
"  Her  peculiar  felicity  of  situation  has,  in  a  great  degree, 
preserved  the  liberty  which  that  country  to  this  day  enjoys, 
in  spite  of  the  prevalent  venality  and  corruption." 

He  is  previously  seen  to  have  condemned  the  great  in- 
novation in  her  system,  in  the  vote  of  septennial  from  tri- 
ennial parliaments,  as  producing  an  "  overgrown  power"  in 
the  crown  ;  and  referring  to  w^hat  he  calls  "  these  danger- 
ous practices,"  he  extols  "  the  important  distinction,  so  well 
understood  in  America,  between  a  constitution  established 
by  the  people  and  unalterable  by  the  government,  and 
alterable"  by  it. 

He  speaks  also  of  the  "  ostentatious  apparatus  of  her 
monarchy"  as  a  source  of  expense,  and  adverts  to  her  ex- 
perience as  presenting  to  mankind  "  so  many  political  les- 
sons, both  of  the  monitory  and  exemplary  kind." 

,He  dwells  upon  the  superiority,  in  one  particular,  of  the 
federal  constitution,  as  separating  the  judiciary  entirely 
from  all  political  agency,  and  points  out  the  "  absurdity  of 
subjecting  the  decisions  of  men  selected  for  their  know- 
ledge of  the  laws,  acquired  by  long  and  laborious  study, 
to  the  revision  and  control  of  men,  who,  for  the  want  of 
the  same  advantage,  cannot  but  be  deficient  in  that  know- 
ledge." 

Nor  was  he  insensible  to  the  variety  of  political  forms 


*  Vie     Correspondance  et  Ecrits  de  Washington,    &c.  par  M.  Guizot. 
t  Federalist,  Nos.  8,  53,  and  56. 


^T.  80.]  HAMILTON.  353 

suggested  by  the  flexibility  of  human  nature,  and  the  vary- 
ing condition  of  society.  In  his  letter  to  Washington  pre- 
viously quoted,  he  is  seen  to  remark,  that  though  "  the  peo- 
ple were  not  ripe  for  such  a  plan  as  he  advocated,  yet  there 
was  no  reason  to  despair  of  their  adopting  one  equally  en- 
ergetic ;"  and  in  this  convention  he  proposed  two  plans  of 
government,  founded  on  different  principles,  and  with  dif- 
ferent combinations  of  the  same  principle  ;  and  aided  large- 
ly in  forming  the  compound  system  which  was  adopted. 

In  answer  to  the  objections  derived  from  former  expe- 
rience to  republican  governments,  he  exclaims  :  "  Happily 
for  mankind,  stupendous  fabrics  reared  on  the  basis  of 
liberty,  which  have  flourished  for  ages,  have,  in  a  few  glo- 
rious instances,  refuted  these  gloomy  sophisms ;  and,  I 
trust,  America  will  be  the  broad  and  solid  foundation  of 
other  edifices,  not  less  magnificent,  which  will  be  equally 
permanent  monuments  of  their  error." 

Hamilton  was  too  wise  not  to  have  known  that  a  con- 
stitution such  as  that  of  England — though,  if  it  had  been 
established,  it  would  have  maintained  itself — could  not  be 
established  in  the  United  States  ;  that  every  attempt  to  in- 
troduce it  with  the  consent  of  the  people,  would  be  a 
fruitless  folly,  and,  without  that  consent,  a  hideous  crime. 
He  sought  to  eflfect  all  that  was  practicable  under  such  cir- 
cumstances— to  embody  in  a  republican  system  such  checks 
as  it  would  admit — to  reconcile,  to  the  utmost  extent  its 
genius  would  bear,  energy  and  stability  with  real  liberty — 
hoping  that  this  great  commonwealth  might  repose  under 
a  Constitutional  Charter,  granted  and  revocable  by  the 
people,  until  experience  should  suggest  and  cure  its  defects. 

The  jealousy  of  poHtical  rivalry  has  misrepresented  his 
views,  and  condemned  his  "  peculiar  opinions,"  because 
they  did  not  prevail. 

But  it  forgot  that  it  is  the  characteristic  of  minds  of  the 
first  order  to  aim  at  objects  above  the  common  reach. 
Vol.  III.— 23 


354:  THE  REPUBLIC.  [1787. 

The  eye  that  penetrates  beyond  the  horizon  of  error ;  the 
hand  which,  amid  its  daily  ministrations,  is  ever  pointing 
to  some  great  future  good ;  the  genius  that,  always  fertile 
in  expedient,  feels  that  the  power  which  impels,  makes 
sure  its  aim  ; — these  all  are  directed  by  a  generous  confi- 
dence of  success,  springing  from  conscious  unexhausted 
resources,  that  will  not,  cannot  despair. 

Ordinary  men  do  not  admit  the  magic  virtues,  the  al- 
most inspiration  by  which  they  are  overruled  to  perform 
their  respective  parts ;  but  the  influence  is  exerted,  the 
plans,  the  institutions,  the  hopes  of  the  world  are  raised, 
and  though  the  agent  may  be  unseen,  or  withdrawn,  it 
moves  on  in  glorious  harmony  with  the  high  destinies  he 
has  prescribed. 

It  is  true,  that  Hamilton's  views  did  not  all  prevail,  but 
their  conservative  character  was  imparted  to  this  great 
reform,  and  much  of  its  best  spirit  may  still  be  due  to  la- 
bours which,  though  not  wholly  successful,  owing  to  the 
hesitations  of  others,  were  not  without  the  choicest  fruits.* 

His  whole  plan  was  not  adopted ;  but  when  it  is  asked 
whose  plan  was,  the  answer  is,  that  of  no  individual. 
"  The  truth  is,"  Hamilton  remarked,  "  the  plan,  in  all  its 
parts,  was  a  plan  of  accommodation." 

As  a  great  bond  of  union  to  a  dissolving  confederacy, 
he  valued  it  beyond  all  price ;  but  as  creating  a  compound 
government  of  a  very  extraordinary  and  complicated,  na- 
ture, in  common  with  Washington  and  Patrick  Henry,  and 
other  distinguished  individuals,  he  doubted  its  results.  "  I 
acknowledge,"  he  said,  when  recommending  its  adoption, 

*  Guizot  remarks — "  Hamilton  must  be  classed  among  the  men  who  have 
best  known  the  vital  principles  and  fundamental  conditions  of  a  government ; 
not  of  a  government  such  as  this,  but  of  a  government  worthy  of  its  mission 
and  of  its  name.  There  is  not  in  the  constitution  of  the  United  States  an 
element  of  order,  of  force,  of  duration,  which  he  has  not  powerfully  contribu- 
ted  to  introduce  into  it,  and  to  cause  to  predominate." 


^T.  30.]  HAMILTON.  355 

"  a  thorough  conviction,  that  any  amendments  which  may 
upon  mature  consideration  be  thought  useful,  will  be  ap- 
plicable to  the  organization  of  the  government,  not  to  the 
mass  of  its  powers." 

These  doubts  have  been  derided  as  extravagant,  and  the 
prosperity  of  this  country  has  been  appealed  to  as  a  com- 
plete refutation  of  them.  How  far  this  prosperity  is  to  be 
ascribed  to  the  influences  of  the  constitution,  other  than  as 
a  mean  of  preserving  the  national  union,  is  not  easily  as- 
certained ;  but  certainly,  without  derogating  from  the  value 
of  that  instrument,  much  of  it  may  be  attributed  to  a  pe- 
culiar felicity  of  situation  and  of  circumstances,  indepen- 
dent of  the  government. 

Nor  is  prosperity,  in  its  most  observed  aspects,  an  uner- 
ring or  a  universal  test  of  the  excellence  of  political  in- 
stitutions ;  for  it  cannot  be  denied,  that  a  nation  may  have 
fast  increasing  wealth,  and  expanding  power,  and  widely 
diffused  intelligence,  and  boundless  enterprise,  while  prin- 
ciples may  be  at  work  in  its  system  that  will  ultimately 
render  all  these  advantages  sources  of  evil. 

Experience  had  hitherto  been  supposed  to  teach,  that  a 
stable  government  required  the  operative  counterpoise  of 
the  different  interests  of  property  and  numbers.  The 
federal  constitution  has  substituted  for  these,  theoretic 
checks  ;  a  senate  representing  states,  which  are  only  the 
artificial  representatives  of  different  aggregates  of  the  peo- 
ple, and  a  house  of  representatives  chosen  directly  by  the 
same  people  under  the  influence  of  those  states — this  sen- 
ate of  greater  duration  than  the  popular  branch,  and  there- 
fore supposed  to  be  removed  from  immediate  popular  im- 
pulses, yet  by  the  doctrine  of  instruction,  which  is  fast 
becoming  a  law  of  the  system,  rendered  the  mere  organ 
of  these  impulses ;  an  executive  chosen  by  the  members 
of  separate  electoral  colleges  of  the  people  of  the  states, 
sitting  apart  and  supposed  to  be  secure  from  the  too  direct 


356  THE   REPUBLIC.  [1787. 

action  of  the  mass,  yet  m  fact  chosen,  not  to  deliberate  on 
the  merits  of  a  candidate,  but  pledged  to  carry  into  effect 
the  nomination  of  a  caucus — that  candidate  thus  elevated, 
filling  an  executive  department  of  limited  powers,  but  pos- 
sessing powers  far  above  the  constitution,  as  the  common 
focus  of  the  passions  of  the  multitude. 

Other  of  the  ascertained  effects  of  the  system  may  also 
be  adverted  to.  Among  the  chief  ends  of  government 
are — security  against  &reign  aggression — internal  peace. 
To  attain  the  first  of  these  objects,  the  force  of  the  com- 
munity must  be  at  the  command  of  the  common  sovereign ; 
of  the  latter,  the  law  is  the  shield.  Yet,  in  the  only 
war  which  has  been  waged,  some  of  the  most  powerful 
members  of  the  union  have  been  seen  to  withhold  their 
military  force  from  the  arm  of  the  general  government, 
expressly  charged  with  the  general  defence,  uncontrolled, 
uncompelled  ;  while  the  tranquillity  and  existence  of  the 
union  has  been  jeoparded  by  the  open  defiance  by  a  state 
of  the  only  peaceful  sanction,  the  judicial  department  of 
the  United  States,  and  a  great  power  of  the  national  gov- 
ernment, the  want  of  which  was  a  primary  motive  to  its 
establishment,  is  the  subject  of  a  compromise. 

Modern  discoveries  of  art  have  supplied  new  and  impor- 
tant ligaments  to  this  union.  Time,  with  its  assimilating 
influences,  has  given  that  union  strength.  Its  mutual  glory 
has  extended  over  it  a  protecting  canopy ;  but  while  the 
patriot  will  ever  devote  himself  to  its  preservation,  he  is 
too  well  aware  how  much  more  probable  is  its  dismember- 
ment than  its  reunion,  to  regard  as  a  visionary  skepticism 
the  paternal  wisdom  of  its  founders,  who  feared  and  doubt- 
ed, while  they  loved  and  hoped. 

The  following  observations  of  Hamilton,  written  just  as 
the  general  convention  adjourned,  give  his  impressions  at 
that  time. 

"  The  new  constitution  has  in  favour  of  its  success  these 


^T.  30.]  hamilto:n^.  357 

circumstances :  A  very  great  weight  of  influence  of  the 
persons  who  framed  it,  particularly  in  the  universal  popu- 
larity of  General  Washington.  The  good- will  of  the  com- 
mercial interest  throughout  the  states,  which  will  give  all 
its  efforts  to  the  establishment  of  a  government  capable  of 
regulating,  protecting,  and  extending  the  commerce  of  the 
union.  The  good-will  of  most  men  of  property  in  the 
several  states,  who  wish  a  government  of  the  union  able  to 
protect  them  against  domestic  violence,  and  the  depreda- 
tions which  the  democratic  spirit  is  apt  to  make  on  pro- 
perty ;  and  who  are  besides  anxious  for  the  respectability 
of  the  nation.  The  hopes  of  the  creditors  of  the  United 
States,  that  a  general  government  possessing  the  means 
of  doing  it,  will  pay  the  debt  of  the  union.  A  strong 
belief  in  the  people  at  large  of  the  insufficiency  of  the 
present  confederation  to  preserve  the  existence  of  the 
union,  and  of  the  necessity  of  the  union  to  their  safety 
and  prosperity ;  of  course,  a  strong  desire  of  a  change,  and 
a  predisposition  to  receive  well  the  propositions  of  the 
convention. 

"Against  its  success  is  to  be  put,  the  dissent  of  two  or 
three  important  men  in  the  convention,  who  will  think 
their  characters  pledged  to  defeat  the  plan  ;  the  influence 
of  many  inconsiderable  men  in  possession  of  considerable 
offices  under  the  state  governments,  who  will  fear  a  diminu- 
tion of  their  consequence,  power,  and  emolument,  by  the 
establishment  of  the  general  government,  and  who  can 
hope  for  nothing  there ;  the  influence  of  some  consider- 
able men  in  office  possessed  of  talents  and  popularity,  who, 
partly  from  the  same  motives,  and  partly  from  a  desire  of 
playing  a  part  in  a  convulsion  for  their  own  aggrandize- 
ment, will  oppose  the  quiet  adoption  of  the  new  govern- 
ment; (some  considerable  men  out  of  office,  from  motives 
of  ambition  may  be  disposed  to  act  the  same  part.)  Add  to 
these  causes  the  disinclination  of  the  people  to  taxes,  and 


358  THE  REPUBLIC.  [1787. 

of  course  to  a  strong  government ;  the  opposition  of  aiJ 
men  much  in  debt,  who  will  not  wish  to  see  a  government 
established,  one  object  of  w^hich  is  to  restrain  the  means 
of  cheating  creditors ;  the  democratical  jealousy  of  the 
people,-  which  may  be  alarmed  at  the  appearance  of  insti- 
tutions that  may  seem  calculated  to  place  the  power  of  the 
community  in  few  hands,  and  to  raise  a  few  individuals  to 
stations  of  great  pre-eminence  ;  and  the  influence  of  some 
foreign  powers,  who,  from  different  motives,  will  not  wish 
to  see  an  energetic  government  estabhshed  throughout  the 
states. 

"  In  this  view  of  the  subject,  it  is  difficult  to  form  any 
judgment  whether  the  plan  will  be  adopted  or  rejected. 
It  must  be  essentially  matter  of  conjecture.  The  present 
appearances  and  all  other  circumstances  considered,  the 
probability  seems  to  be  on  the  side  of  its  adoption. 

"  But  the  causes  operating  against  its  adoption  are  pow- 
erful, and  there  will  be  nothing  astonishing  in  the  con- 
trary. 

"  If  it  do  not  finally  obtain,  it  is  probable  the  discussion 
of  the  question  will  beget  such  struggles,  animosities,  and 
heats  in  the  community,  that  this  circumstance,  conspiring 
with  the  real  necessity  of  an  essential  change  in  our  present 
situation,  will  produce  civil  war.  Should  this  happen, 
whatever  parties  prevail,  it  is  probable  governments  very 
different  from  the  present  in  their  principles,  will  be  estab- 
lished. A  dismemberment  of  the  union,  and  monarchies 
in  different  portions  of  it,  may  be  expected.  It  may  how- 
ever happen  that  no  civil  war  will  take  place,  but  several 
republican  confederacies  be  established  between  diflferent 
corabuaations  of  the  particular  states. 

^^'•H  reunion  with  Great  Britain,  from  universal  disgust  at 
a  state  of  commotion,  is  not  impossible,  though  not  much 
to  be  feared.  The  most  plausible  shape  of  such  a  business 
would  be,  the  establishment  of  a  son  of  the  present  mon- 


^Et.  30.]  HAMILTON.  359 

arch  in  the  supreme  government  of  this  country,  with  a 
family  compact. 

*''  If  the  government  be  adopted,  it  is  probable  General 
Washington  will  be  the  president  of  the  United  States. 
This  will  ensure  a  wise  choice  of  men  to  administer  the 
government,  and  a  good  administration.  A  good  adminis- 
tration will  conciliate  the  confidence  and  affection  of  the 
people,  and  perhaps  enable  the  government  to  acquire 
more  consistency  than  the  proposed  constitution  seems  to 
promise  for  so  great  a  country.  It  may  then  triumph  al- 
together over  the  state  governments,  and  reduce  them  to  an 
entire  subordination,  dividing  the  larger  states  into  smaller 
districts.  The  organs  of  the  general  government  may  also 
acquire  additional  strength. 

"  If  this  should  not  be  the  case,  in  the  course  of  a  few 
years,  it  is  probable  that  the  contests  about  the  boundaries 
of  power  between  the  particular  governments  and  the 
general  government,  and  the  momentum  of  the  larger  states 
in  such  contests,  will  produce  a  dissolution  of  the  union. 
This,  after  all,  seems  to  be  the  most  likely  result. 

"But  it  is  almost  arrogance  in  so  complicated  a  subject, 
depending  so  entirely  on  the  incalculable  fluctuations  of 
the  human  passions,  to  attempt  even  a  conjecture  about 
the  event. 

"It  will  be  eight  or  nine  months  before  any  certain 
judgment  can  be  formed  respecting  the  adoption  of  the 
plan." 

Anxious  as  his  forebodings  were,  it  will  be  seen  that  his 
exertions  were  not  for  a  moment  relaxed.  While  he  did 
not  disguise  his  doubts,  he  declared,  "  I  am  persuaded  it  is 
the  best  which  our  political  situation,  habits,  and  opinions 
will  admit,  and  superior  to  any  the  revolution  has  pro- 
duced." "  Though  it  may  not  be  perfect  in  every  part,  it 
is,  upon  the  whole,  a  good  one,  is  the  best  that  the  present 
situation  and  circumstances  of  the  country  will  permit." 


360  THE  REPUBLIC.  [1787. 

Then  followed  his  closing  appeal,  recommending  its  adop- 
tion in  language  which  every  revolving  year  renders  more 
impressive. 

"  To  balance  a  large  society  on  general  laws,"  it  had 
been  said,*  "  the  judgments  of  many  must  unite  in  the 
work.  Experience  must  guide  their  labour,  Time  must 
bring  it  to  perfection,  and  the  feeling  of  inconveniences 
must  correct  the  mistakes  which  they  inevitably  fall  into 
in  their  first  trials  and  experiments."  "These  judicious 
reflections,"  Hamilton  remarked,  "  contain  a  lesson  of  mo- 
deration to  all  the  sincere  lovers  of  the  union,  and  ought  to 
put  them  upon  their  guard  against  hazarding  anarchy, 
civil  war,  a  perpetual  alienation  of  the  states  from  each 
other,  and  perhaps  the  military  despotism  of  a  victorious 
demagogue,  in  the  pursuit  of  what  they  are  not  likely  to 
obtain  but  from  time  and  experience.  It  may  be  in  me 
a  defect  of  political  fortitude,  but  I  acknowledge  that  I 
cannot  entertain  an  equal  tranquillity  with  those  who  affect 
to  treat  the  dangers  of  a  longer  continuance  in  our  present 
situation  as  imaginary.  A  nation  without  a  national 
government,  is  an  awful  spectacle.  The  establishment  of  a 
constitution,  in  time  of  profound  peace,  by  the  voluntary 
consent  of  a  whole  people,  is  a  prodigy,  to  the  completion 
of  which  I  look  forward  with  trembling  anxiety." 

*  Hume's  Essays,  v.  1,  p.  128. 


CHAPTER    XLIX. 

From  this  scene  of  deepest  interest,  Hamilton  now  re- 
turned to  the  toils  of  his  profession,  often  interrupted  by 
public  avocations. 

Of  the  many  causes  in  which  he  was  engaged,  one 
greatly  moved  the  feelings  of  those  around  him.  It  was 
the  defence  of  a  member  of  the  Society  of  Friends  on  a 
charge  of  libel,  for  having  publicly  exposed  a  person  who 
had  been  detected  kidnapping  free  blacks  in  the  city  of 
New  York,  and  selling  them  in  Charleston.  The  effort 
was  such  as  a  crime  of  this  atrocity  would  call  forth,  and 
was  successful.  Nor  did  his  grateful  client  forget  that  the 
proffered  fee  was  returned  with  a  request,  "  as  they  were 
both  engaged  in  the  cause  of  humanity  that  his  declining 
it  might  not  be  mentioned." 

Another  occurrence  at  this  time  indicates  his  benigni- 
ty. Colonel  Antil  of  the  Canadian  Corps,  a  friend  of 
General  Hazen,  retired  penniless  from  the  service — his 
military  claims,  a  sole  dependence,  being  unsatisfied. 
Hoping  to  derive  subsistence  from  the  culture  of  a  small 
clearing  in  the  forest,  he  retired  to  the  wilds  of  Hazen- 
burgh.  His  hopes  were  baffled,  and  in  his  distress  he  ap- 
plied to  Hamilton  for  relief.  His  calamities  were  soon 
after  embittered  by  the  loss  of  his  wife,  leaving  infant 
children.     With  one  of  these  Antil  visited  New  York, 


362  THE  REPUBLIC.  [1787. 

to  solicit  the  aid  of  the  Cincinnati,  and  there  sank  un- 
der the  weight  of  his  sorrows.  Hamilton  immediately 
took  the  little  orphan  home,  who  was  nurtured  with  his 
own  children,  and  became  the  wife  of  a  prosperous  mer- 
chant.* 

An  officer  of  the  American  army  relates  another  in- 
stance of  his  kindness.  After  various  unsuccessful  ef- 
forts to  gain  a  livelihood,  this  gentleman  repaired  to  New 
York,  waited  on  his  comrade,  and  in  great  despondence 
recounted  his  mishaps.  "  Cheer  up,  my  friend,"  said 
Hamilton,  "  the  prospect  is  not  very  bright,  but  let  us 
see.  I  will  assist  you."  "You,"  rejoined  the  Colonel, 
"  when  you  have  not  more  money  than  is  necessary 
for  yourself."  "But  I  can  borrow,"  Hamilton  replied. 
He  immediately  drew  a  note,  sent  it  to  the  bank,  and 
handed  the  proceeds  to  his  comrade,  who  ascribed  the 
ease  and  comforts  of  his  dechning  years  to  this  oppor- 
tune aid. 

These  personal  kindnesses  were  not  lost  on  the  brave 
men  with  whom  it  was  his  delight  to  associate.  Nor  was 
his  private  influence  ever  withheld  from  the  national 
good.  "  To  men,"  he  wrote,  at  a  meeting  of  the  Cincin- 
nati in  New  York,  "  whose  views  are  not  unfriendly  to 
those  principles  which  form  the  basis  of  the  Union,  and 
the  only  sure  foundation  of  the  tranquillity  and  happiness 
of  this  country,  it  can  never  appear  criminal,  that  a  class 
of  citizens  who  have  had  so  conspicuous  an  agency  in 
the  American  Revolution  as  those  who  compose  the  So- 
ciety of  the  Cincinnati,  should  pledge  themselves  to  each 
other,  in  a  voluntary  association,  to  support,  by  all  the 
means  consistent  with  the  laws,  that  noble  fabric  of 
united  independence,  which,  at  so  much  hazard,  and  with 

*  Arthur  Tappan. 


^T.  30.]  HAMILTON.  353 

so  many  sacrifices,  they  have  contributed  to  erect ;  a  fab- 
ric on  the  solidity  and  duration  of  which  the  value  of  all 
they  have  done  must  depend !  and  America  can  never 
have  cause  to  condemn  an  institution  calculated  to  give 
energy  and  extent  to  a  sentiment  favorable  to  the  pres- 
ervation of  that  Union,  by  which  she  estabhshed  her  lib- 
erties, and  to  which  she  must  owe  her  future  peace,  re- 
spectability, and  prosperity. 

"  Experience,  we  doubt  not,  will  teach  her,  that  the 
members  of  the  Cincinnati,  always  actuated  by  the  same 
virtuous  and  generous  motives  which  have  hitherto  di- 
rected their  conduct,  will  pride  themselves  in  being, 
through  every  vicissitude  of  her  future  fate,  the  steady 
and  faithful  supporters  of  her  liberties,  her  laws,  and  her 
government." 

This  tranquil  calm  was  but  a  prelude  to  the  stormy 
contentions  which  now  began  to  agitate  the  bosom  of  the 
confederacy — a  period  when  the  interests,  principles,  prej- 
udices, and  passions  of  an  excitable  population,  jealous 
of  control,  keenly  alive  to  the  value  of  their  liberties,  are 
all  beheld  in  violent  conflict ;  when,  during  nearly  two 
years  of  probation,  the  American  character  was  put  to 
the  severest  trial — resulting  in  a  signal  triumph. 

In  a  time  of  such  national  commotion,  it  could  not 
have  been  expected,  that  he  who  had  been  so  conspicu- 
ously active  would  escape  the  shafts  of  hostility. 

Hamilton's  comments  on  the  conduct  of  Governor 
Clinton  have  been  mentioned.  A  reply  to  those  com- 
ments appeared  over  the  signature  of  a  "  Republican,"  in 
which  he  was  not  only  reproved  for  having  rebuked  the 
Chief  Magistrate  of  the  State,  but  was  charged  with 
having  entered  the  family  of  the  Commander-in-chief  by 
solicitation,  and  with  having  left  it  in  discredit. 


364:  THE  EEPUBLIC.  [1787. 

This  charge  was  pointed  out  to  him,  and  he  replied  over 
his  own  signature.  In  a  beautiful  appeal,  he  vindicated 
his  previous  publication,  "  as  an  honorable  and  open  at- 
tempt to  unmask  what  appeared  to  him  the  pernicious  in- 
trigue of  a  man  high  in  office,  to  preserve  power  and 
emolument  to  himself  at  the  expense  of  the  union,  peace, 
and  happiness  of  America."  A  clamor  had  been  raised 
that  this  publication  was  an  invasion  of  the  right  of  the 
first  magistrate  of  the  State  to  dehver  his  sentiments  on 
a  matter  of  public  concern.  Hamilton  admitted  this  to 
be  an  undoubted  right,  and  often  a  duty.  "  But,"  he  said, 
"  every  right  may  be  abused  by  a  wrong  exercise  of  it. 
The  only  question  is,  whether  he  has  used  this  right  in 
the  present  instance  properly  or  improperly,  and  whether 
it  became  him  by  anticipation  to  endeavor  to  prejudice 
the  community  against  the  unknown  and  undetermined 
measures  of  a  body  to  which  the  general  voice  of  the 
Union  had  delegated  the  important  trust  of  concerting 
and  proposing  a  plan  for  reforming  the  National  Consti- 
tution. 

"  The  apologists  for  the  Governor,"  he  observes,  "  m 
the  intemperate  ardor  of  their  zeal  for  his  character, 
seem  to  forget  another  right  very  precious  to  the  citizens 
of  a  free  country,  that  of  examining  the  conduct  of  their 
rulers.  These  have  an  undoubted  right,  within  the  bounds 
of  the  Constitution,  to  speak  and  to  act  their  sentiments ; 
but  the  citizen  has  an  equal  right  to  discuss  the  propriety 
of  these  sentiments,  or  of  the  manner  of  advocating  or 
supporting  them.  To  attempt  to  abridge  the  last  right  by 
rendering  the  exercise  of  it  odious,  is  to  attempt  to  abridge 
a  privilege,  the  most  essential  of  any  to  the  security  of 
the  people.  The  laws  which  afford  sufficient  protection 
to  the  magistrate  will  punish  the  excess  of  this  privilege. 
Within  the  bounds  thev  allow,  it  is  the  bulwark  of  pub- 


^T.  30.]  HAMILTON.  365 

Lie  LIBERTY.  There  is  no  danger  that  the  rights  of  a 
man  at  the  head  of  the  Government  (possessing  all  the 
influence  to  be  derived  from  long  continuance  in  office, 
the  disposition  of  lucrative  places,  and  consummate  talents 
for  popularity)  can  be  injured  by  the  voice  of  a  private 
individual.  There  is  as  little  danger,  that  the  spirit  of 
the  people  of  this  country  will  ever  tolerate  attempts  to 
seduce,  to  awe,  or  to  clamor  them  out  of  the  privi- 
lege of  bringing  the  conduct  of  men  in  power  to  the 
bar  of  public  condemnation.  It  is  the  trick  of  the 
party  to  traduce  every  independent  man  opposed  to  their 
views,  the  better  to  preserve  to  themselves  that  power 
and  consequence,  to  which  they  have  no  other  title  than 
their  arts  of  deceiving  the  people."  As  to  himself,  "  he 
defied  their  malevolent  ingenuity,  challenging  them  to 
produce  a  single  instance  of  his  conduct,  public  or  pri- 
vate, inconsistent  with  the  rules  of  integrity  and  honor,  a 
single  instance  that  may  ever  denominate  him  selfish  or 
interested — a  single  instance  in  which  he  has  either  for- 
feited the  confidence  of  the  people,  or  failed  in  obtaining 
any  proof  of  their  favor  for  which  he  had  been  a  candi- 
date— a  confidence  which,  he  acknowledged,  had  greatly 
exceeded  his  deserts."  This  controversy  prompted  him 
to  address  a  letter  to  Washington,  in  which  he  referred 
to  an  insinuation  that  "  he  palmed  himself  upon  him  and 
was  dismissed  from  his  family."  "I  confess,"  he  adds, 
"  it  would  mortify  me  to  lie  under  the  imputation  either 
of  having  obtruded  myself  into  the  family  of  a  General, 
or  of  having  been  turned  out  of  it.  The  new  Constitution 
is  as  popular  in  this  city  as  is  possible  for  any  thing  to  be, 
and  the  prospect  thus  far  favorable  to  it  throughout  the 
State.  But  there  is  no  saying  what  turn  things  may 
take,  when  the  full  flood  of  official  influence  is  let  loose 
against  it.     This  is  to  be  expected,  for  though  the  Gover- 


366  THE   REPUBLIC.  [1787. 

nor  has  not  publicly  declared  himself,  his  particular  con- 
nections and  confidential  friends  are  loud  against  it." 

Washington  replied :  "  As  you  say,  it  is  insinuated  by 
some  of  your  political  adversaries,  and  may  obtain  credit, 
that  you  palmed  yourself  upon  me,  and  was  dismissed 
from  my  family,  and  call  upon  me  to  do  you  justice  by  a 
recital  of  the  facts,  I  do  therefore  explicitly  declare,  that 
both  charges  are  entirely  unfounded.  With  respect  to 
the  first,  I  have  no  cause  to  believe  that  you  took  a  single 
step  to  accomplish,  or  had  the  most  distant  idea  of  receiv- 
ing an  appointment  in  my  family  till  you  were  invited 
thereto ;  and  with  respect  to  the  second,  that  your  quit- 
ting it  was  altogether  the  eflfect  of  your  own  choice. 

"  Having  scarcely  been  from  home  since  my  return 
from  Philadelphia,  I  can  give  but  little  information  with 
respect  to  the  general  reception  of  the  new  Constitution 
in  this  State.  In  Alexandria,  however,  and  some  of 
the  adjacent  counties,  it  was  embraced  with  an  enthu- 
siastic warmth  of  which  I  had  no  conception.  I  ex- 
pect, notwithstanding,  violent  opposition  will  be  given 
to  it  by  some  characters  of  weight  and  influence  in  the 
State." 

Washington  had  in  the  first  instance  resolved,  as  ap- 
pears from  a  letter  to  Lafayette,  written  the  day  after  the 
Federal  Convention  adjourned,  to  take  no  part  in  refer- 
ence to  its  proceedings.*  "  The  Constitution,"  he  wrote, 
"is  now  a  child  of  fortune,  to  be  fostered  by  some  and 
buffbted  by  others.  What  will  be  the  general  opinion  on 
the  reception  of  it  is  not  for  me  to  decide ;  nor  shall  I  say 
any  thing  for  or  against  it.  If  it  be  good,  I  suppose  it  will 
work  its  way ;  if  bad,  it  will  recoil  on  the  framers." 

His  language  soon  became  decisive,  interposing  with 
a  few,  cautiously  adverting  to  the  conduct  of  others. 

*  Washington's  Writings,  ix.  265. 


jEt.  30.]  HAMILTOIT.  367 

Thus  he  wrote  to  Madison,  as  to  leading  opponents  of 
the  measure :  "  The  political  tenets  of  Col.  Mason  and 
Col.  R.  H.  Lee,  are  always  in  unison.  It  may  be  asked 
of  them,  which  gives  the  tone  ?  Without  hesitation,  I 
answer,  the  latter,  because  the  latter,  I  believe,  will  re- 
ceive it  from  no  one." 

Hamilton  replied  on  the  nineteenth  of  October:  "I 
am  much  obliged  to  your  Excellency  for  the  explicit 
manner  in  which  you  contradict  the  insinuations  men- 
tioned in  my  last  letter.  The  only  use  I  shall  make  of 
your  answer  will  be  to  put  it  into  the  hands  of  a  few 
friends.  The  Constitution  proposed,  has  in  this  State 
warm  friends,  and  warm  enemies.  The  first  impressions 
everywhere  are  in  its  favor ;  but  the  artillery  of  its  op- 
ponents makes  some  impression.  The  event  cannot  yet 
be  foreseen.  The  inclosed  is  the  first  number  of  a  series 
of  papers  to  be  written  in  its  defence. 

*'  I  send  you  also,  at  the  request  of  the  Baron  de  Steu- 
ben, a  printed  pamphlet  containing  the  grounds  of  an  ap- 
plication lately  made  to  Congress.  He  tells  me,  there  is 
some  reference  to  you,  the  object  of  which  he  does  not 
himself  seem  clearly  to  understand ;  but  imagines  it  may 
be  in  your  power  to  be  of  service  to  him. 

"  There  are  public  considerations  that  induce  me  to  be 
somewhat  anxious  for  his  success.  He  is  fortified  with 
materials,  which,  in  Europe,  could  not  fail  to  estabhsh  the 
belief  of  the  contract  he  alleges.  The  documents  of 
service  he  possesses,  are  of  a  nature  to  convey  an  exalted 
idea  of  them.  The  compensations  he  has  received,  though 
considerable,  if  compared  with  those  which  have  been 
received  by  American  officers,  will,  according  to  Euro- 
pean ideas,  be  very  scanty  in  application  to  a  stranger 
who  is  acknowledged  to  have  rendered  essential  services. 
Our  reputation  abroad  is  not  at  present  too  high.     To 


368  THE  REPUBLIC.  [1787. 

dismiss  an  old  soldier  empty  and  hungry — to  seek  the 
bounty  of  those  on  whose  justice  he  has  no  claims,  and 
to  complain  of  unkind  returns  and  violated  engagements, 
will  certainly  not  tend  to  raise  it.  I  confess,  too,  there  is 
something  in  my  feelings  which  would  incline  me,  in  this 
case,  to  go  farther  than  might  be  strictly  necessary, 
rather  than  drive  a  man,  at  the  Baron's  time  of  life,  who 
has  been  a  faithful  servant,  to  extremities.  And  this  is 
unavoidable,  if  he  does  not  succeed  in  his  present  at- 
tempt. 

"  What  he  asks  would,  all  calculations  made,  terminate 
in  this — an  allowance  of  his  five  hundred  and  eighty 
guineas  a  year.  He  only  wishes  a  recognition  of  the 
contract.  He  knows  that,  until  affairs  mend,  no  money 
can  be  produced.  I  do  not  know  how  far  it  may  be  in 
your  power  to  do  him  any  good ;  but  I  shall  be  mistaken, 
if  the  considerations  I  have  mentioned  do  not  appear  to 
your  Excellency  to  have  some  weight." 

Speaking  of  an  application  for  a  copy  of  a  Report  of 
a  Committee  of  Congress  which  conferred  with  the  Baron 
on  his  arrival  in  the  United  States,  Washington  answered, 
"  It  throws  no  other  light  on  the  subject  than  such  as  is 
to  be  derived  from  the  disinterested  conduct  of  the  Baron. 
No  terms  are  made  by  him,  nor  will  he  accept  of  any 
thing  but  with  general  approbation.  I  have,  however,  in 
my  letter,  inclosing  this  report  to  the  Secretary,  taken 
occasion  to  express  an  unequivocal  wish,  that  Congress 
would  reward  the  Baron  for  his  services,  sacrifices,  and 
merit  to  his  entire  satisfaction.  It  is  the  only  way  in 
which  I  could  bring  my  sentiments  before  that  honorable 
body,  as  it  has  been  an  estabhshed  principle  with  me  to 
ask  nothing  from  it." 

These  influences,  high  and  earnest  as  they  Avere, 
proved  fruitless. 


^T.  30.]  HAMILTON.  3^9 

Hamilton  was  m  the  mean  time  looking  intently  on  the 
course  of  public  opinion  in  relation  to  the  new  Constitu- 
tion. He  had  recently  visited  Albany  to  attend  a  term 
of  the  Supreme  Court.  There  he  found,  that  the  opposi- 
tion formed  against  it  had  so  far  matured  their  plans  as 
to  render  its  fate  in  New  York  almost  desperate.  The 
secession  from  the  convention  of  two  of  its  delegates  had 
given  rise  to  wide-spread  rumors  of  projects  in  that  body 
hostile  to  the  liberties  of  the  people ;  and  the  determined 
influence  to  which  those  individuals  had  yielded,  com- 
pelled them  to  unite  in  the  exertions  to  defeat  its  ratifi- 
cation. 

A  letter  from  a  member  of  Congress,  published  at 
this  time,  speaking  of  "  the  difficulty  of  getting  it  adopted 
in  New  York,"  states :  "  The  government  has  already  dis- 
covered strong  marks  of  disapprobation,  and  its  adherents 
are  constantly  employed  in  disseminating  opinions  unfa- 
vorable to  its  reception." 

The  partisans  of  the  Governor  having  prepared  the 
public  mind  as  far  as  their  private  influence  would  ex- 
tend, now  opened  their  battery  by  a  series  of  essays  pro- 
mulgated through  the  papers  of  his  well-drilled  party. 
Hamilton  courted  a  fair  appeal  to  the  public  reason. 
In  such  a  contest  he  felt  assured  of  a  triumph,  and  he 
resolved  to  write  a  brief  vindication  of  the  Constitu- 
tion. 

This  determination  gave  birth  to  the  Federalist — a 
series  of  political  essays  published  in  New  York  over  the 
signature  of  "  Publius,"  addressed  to  the  people  of  that 
State.  The  comments  were  originally  intended  to  be 
embraced  within  twenty,  or  at  most,  five  and  twenty 
numbers  ;  they  extended  to  a  series  of  eighty-five  essays. 

The  first  number  of  the  Federalist  was  written  by 
Hamilton  in  the  cabin  of  a  sloop,  as  he  was  descending 
Vol.  IV.— 24 


370  THE    EEPUBLIC.  [1787. 

the  Hudson,  and  was  published  on  the  twenty-seventh  of 
October,  seventeen  hundred  and  eighty-seven.  After  the 
publication  of  the  seventh,  it  was  announced,  "  in  order 
that  the  whole  subject  of  the  papers  may  be  as  soon  as 
possible  laid  before  the  pubhc,  it  is  proposed  to  pubhsh 
them  four  times  a  week."  It  will  be  remarked,  as  evi- 
dence of  the  rapidity  with  which  they  were  written,  that 
with  the  exception  of  an  interval  between  the  fourth 
of  April  and  the  seventeenth  of  June,  during  which  pe- 
riod, owing  in  part  to  the  pendency  of  the  New  York 
election,  they  were  suspended,  this  purpose  was  fulfilled, 
two  numbers  usually  appearing  at  an  interval  of  three 
days. 

Such  was  the  pressure  of  Hamilton's  engagements  in 
his  profession  and  in  Congress,  at  this  time,  it  not  unfre- 
quently  happened,  that  he  sat  down  amidst  the  bustle  of 
his  office  to  write  the  required  paper,  while  the  printer's 
boy  was  waiting  to  carry  it  to  the  press.  But  it  is  proper 
to  be  observed,  that  the  topics  treated  of  had  most  of  them 
been  the  subjects  of  earnest  consideration  during  the  dis- 
cussions of  the  recent  convention.  This  narrative  does 
not  admit  of  an  enlarged  view  of  this  great  treatise  on 
FREE  GOVERNMENT — a  work  as  cnduring  as  its  subject, 
addressing  itself  to  the  highest  principles  and  interests  of 
the  human  race,  commanding  the  admiration  of  the  states- 
men and  jurists  of  Europe  and  America — appealed  to 
as  an  unerring  commentary  on  the  Constitution  of  the 
United  States,  and,  though  written  in  haste  to  meet  the 
objections  to  its  adoption,  as  they  arose,  exhibiting  a  ful- 
ness of  thought  and  lucidness  of  argument  rarely,  if  ever, 
surpassed.  Its  objects  are  stated  by  Hamilton  in  the  first 
number  :  "  A  discussion  of  the  utility  of  the  Union.  The 
insufficiency  of  the  confederation  to  preserve  that  Union. 
The  necessity  of  a  government,  at  least  equally  energetic 


^T.  33.J  HAMILTOIT.  37I 

with  the  one  proposed,  to  the  attainment  of  this  object. 
The  conformity  of  the  proposed  Constitution  to  the  true 
principles  of  republican  government.  Its  analogy  to  the 
constitution  of  New  York,  and  the  additional  security 
which  its  adoption  will  afford  to  the  preservation  of  that 
species  of  government,  to  liberty,  and  to  property." 

This  outline  gave  a  wide  scope,  but,  wide  as  it  is,  and 
unavoidable  as  was  the  brevity  of  this  popular  appeal,  no 
important  branch  of  the  subject  is  overlooked. 

Combining,  in  the  highest  degree,  comprehensiveness 
and  precision,  a  flood  of  light  is  poured  in  upon  every 
question  in  discussion.  Except  some  of  the  numbers 
from  another  pen,*  showing  some  proneness  to  refining, 
page  after  page  exhibits  the  deep  theoretic  wisdom  and 
bold  common  sense  that  mark  this  work ;  the  clearness 
and  force  with  which  each  great  principle  in  government 
is  set  forth,  and  the  care  with  which  its  modifications  are 
stated  and  admitted  ;  the  constant  submission  of  theory 
to  experience,  and  the  remarkable  truth  with  which  its 
practical  instructions  are  applied  to  a  system  so  novel 
and  so  complicated.  The  reserve  as  to  the  probable 
operation  and  success  of  the  new  system  is  such  as  was 
to  be  anticipated  from  men  too  wise  to  seek  to  penetrate 
so  uncertain  a  future,  all  of  whom  would  have  preferred 
at  that  time  a  government  of  real  checks — of  greater 
central  vigor,  duly  controlled, — less  dependent  on  its  fed- 
eral members,  in  its  structure  strictly  repubhcan,  but 
more  protected  from  the  excesses  of  liberty.f 

*  A  revised  edition  of  the  Federalist  will  state  all  the  evidence  which  is 
known  to  exist  to  designate  the  respective  contributions  of  the  authors. 
From  one  statement,  and  the  authentic  one,  it  will  appear  that  of  the  eighty- 
five  essays,  Hamilton  wrote  sixty-five. 

f  "As  soon  as  the  Constitution  was  promulgated,  Hamilton  came  for- 
ward and  placed  himself  in  the  foremost  rank  of  its  advocates,  making  him- 


372  THE    REPUBLIC.  [1787. 

On  the  twenty-eighth  of  September,  a  month  previous 
to  the  issue  of  the  first  of  this  series  of  papers,  the  report 
of  the  General  Convention  was  submitted  to  Congress  to 
be  transmitted  to  the  States.  This  reference  to  Congress 
was  the  only  mode  in  which  respect  for  the  obligations 
of  the  confederation  and  to  the  jealousies  and  prejudices 
of  the  States  and  of  the  people  could  be  preserved.  But 
this  course,  though  necessary  and  expedient,  was  not  free 
from  serious  hazards. 

The  leading  opponents  of  the  Constitution  in  that  body 
of  thirty-three  members,  representing  twelve  States,* 
were  Richard  Henry  Lee,  of  Virginia,  and  Nathan  Dane, 
of  Massachusetts. 

The  primary  objection  was,  that,  as  the  proposed  Con- 
stitution, if  estabhshed,  would  subvert  the  articles  of  con- 
federation, from  which  they  derived  their  powers,  there 
was  a  constitutional  unfitness  in  their  acting  upon  the 
subject. 

In  reply,  the  resolution  of  Congress  recommending 
the  convention  was  referred  to.  The  powers  of  the  del- 
egates, it  was  said,  differed  little  from  the  powers  con- 
self,  for  all  future  time,  one  of  the  chief  of  its  authoritative  expounders.  He 
was  very  ably  assisted  in  the  Federalist  by  Madison  and  Jay ;  but  it  was  from 
him  that  the  Federalist  derived  the  weight  and  the  power  which  commanded 
the  careful  attention  of  the  country,  and  carried  conviction  to  the  great  body 
of  intelligent  men  in  all  parts  of  the  Union.  The  extraordinary  forecast  with 
which  its  luminous  discussions  anticipated  the  operation  of  the  new  institutions, 
and  its  profound  elucidation  of  their  principles,  gave  birth  to  American  consti- 
tutional law,  which  was  thus  placed  at  once  above  the  field  of  arbitrary  con- 
struction, and  in  the  domain  of  legal  truth.  They  made  it  a  science  ;  and  so 
long  as  the  Constitution  shall  exist,  they  will  continue  to  be  resorted  to  as 
the  most  important  source  of  contemporaneous  interpretation  which  the  an- 
nals of  the  country  afford." — Curtis's  History  of  the  Constitution,  i.  417-419. 

*  Rhode  Island  not  represented ;  if  full.  Congress  would  have  numbered 
ninety  one  members. 


^T.  30.]  HAMILTON.  373 

ferred  upon  Congress,  respecting  alterations ;  therefore, 
if  the  proposed  plan  was  within  the  powers  of  the  con- 
vention, it  was  also  within  those  of  Congress.  If  it  ex- 
ceeded them,  the  same  great  public  necessity  which  in- 
duced its  having  been  formed,  should  govern  the  latter 
body.  From  less  urgent  motives,  they  had  exceeded 
their  powers,  and  an  omission  to  recommend  it  would 
have  a  most  pernicious  influence.  Lee,  then,  moved  a 
series  of  amendments  in  which  he  was  supported  by  Me- 
lancthon  Smith,  a  delegate  from  New  York. 

He  insisted,  that  they  had  a  right,  and  that  it  was 
their  duty  to  insert  amendments  ;  and  demanded  that  a 
division  be  taken  on  them,  and  that  it  should  appear  on 
the  journals. 

To  obviate  a  measure  which  would  prejudice  the  pub- 
lic mind,  it  was  unanimously  agreed  to  transmit  the  Con- 
stitution to  the  several  States,  without  any  expression 
of  opinion. 

Delaware  was  the  first  to  adopt  the  Constitution.  This 
colony,  part  of  a  low  peninsula,  lying  between  the  Ches- 
apeake and  Delaware  bays,  originally  settled  by  Swedes 
and  Finns,*  was  soon  after  subjugated  by  the  Dutch ;  f 
and,  on  the  capitulation  of  New  York,  was  surrendered 
to  the  English,  who,  with  a  few  of  the  original  settlers, 
some  Huguenots  and  Scots,  constituted  its  population. 
Its  government  was  Proprietary,  the  Governor  and  Le- 
gislature being  the  creatures  of  the  Proprietor,  and  its 
laws  subject  to  the  approval  of  the  crown.  When  inde- 
pendent, it  organized  a  system  of  three  branches,  the 
Legislature  composed  of  two  bodies.  Long  attached 
to  Pennsylvania,  its  laws  and  its  customs  were  similar. 
Though  its  weakness  made   it  shrink   from  the  hazards 

*  1627.  f  1655. 


374  THE   KEPUBLIO.  [1787. 

of  the  Revolution,  yet  it  moved  on  with  the  general 
current  of  public  opinion,  and  contributed  its  mite  to 
the  demands  of  the  confederacy.  The  same  weakness 
rendered  it  favorable  to  every  proposition  for  a  general 
revenue,  and  that  the  vacant  territories  of  other  States 
should  become  part  of  the  national  domain ;  for  of  reve- 
nue, it  had  little,  and  of  vacant  lands,  almost  none.  Its 
course  in  the  Convention  was  such  as  would  be  prompted 
by  its  relative  position.  Thus,  it  was  the  advocate  of 
every  proposition  recognizing  State  sovereignties,  favoring 
an  equal  vote  by  each  State  in  both  branches  of  the  Na- 
tional legislature,  preferring  the  final  submission  of  the 
Constitution  to  the  State  legislatures,  and  opposing  a 
direct  representation  of  the  people  in  any  form.  This 
same  motive  prompted  it  to  favor  an  Executive  during 
good  behavior,  probably  thus  to  ensure  a  guard  against 
changes  of  policy,  that  might  affect  its  conceded  advan- 
tages. With  a  population,  so  small,  as  scarcely  to  entitle 
her  to  a  representative  in  the  second  branch  of  Congress, 
this  State  gladly  took  refuge  in  a  form  of  government 
which  forever  secured  to  her  one  representative  in  that 
branch,  an  equal  representation  in  the  Senate,  and  all  the 
equal  benefits  of  a  National  system.  Thus,  in  a  conven- 
tion held  at  Dover  on  the  seventh  of  December,  she 
unanimously  and  unconditionally  ratified  the  Constitution. 
Pennsylvania,  though  preceded  by  Delaware  in  final 
action,  was  the  first  to  consider  the  new  government. 
This  great  central  State,  lying  between  New  York,  New 
Jersey,  Maryland,  and  Virginia,  might  be  regarded  as  the 
heart  of  the  Union.  Its  lofty  mountains  are  the  sources 
of  those  great  streams,  which,  winding  their  devious  way, 
fall  south  into  bays  of  the  Atlantic ;  and,  on  the  west, 
pour  their  swollen  waters  into  the  Gulf  of  Mexico.  This 
range  of  the  Alleghanies — one  hundred  miles  in  length — 


^T.  30.]  HAMILTON.  375 

severs  the  State,  which  is  also  divided  by  parallel  ridges, 
covering  masses  of  then  unexplored  mineral  wealth ;  and 
protecting  successive,  spacious,  luxuriant  intervales,  wait- 
ing the  labors  of  the  husbandman. 

It  was  first  settled  by  the  Dutch,*  followed  by  Swedes, 
who  capitulated  to  the  Dutch,  and  these  to  the  flag  of  Eng- 
land,! which  was  raised  on  the  small  peninsula  between 
the  rivers  Delaware  and  Schuylkill,  where  was  soon  be- 
gun "  Philadelphia,"  or  the  "  City  of  Brotherly  Love."- 

Fourteen  years  after  the  conquest,  a  charter  for  this 
colony  was  granted  to  William  Penn,  eldest  son  of  an 
English  Admiral,  a  favorite  at  court.  Captivated  by  the 
tenets  of  George  Fox,  he  became  a  member  of  the  new 
formed  "  Society  of  Friends,"  derisively  called  "  Quakers," 
and  suffered  from  the  persecutions  of  ecclesiastical  tyr- 
anny, directed  against  a  sect,  which,  claiming  to  act  un- 
der the  immediate  inspiration  of  the  Holy  Spirit,  con- 
demned a  "  hireling  ministry ; "  their  support  by  tithes, 
and  the  use  of  "  oaths,"  thus  probably  hoping  to  escape 
the  laws  against  "  Nonconformists." 

To  provide  a  refuge  from  persecution,  Penn  purchased 
the  territory  which  bears  his  name ;  and,  framing  the 
charter  he  obtained,  according  to  the  most  liberal  model 
that  had  been  granted,  laid  the  foundations  of  a  govern- 
ment, in  benevolence  unequalled  by  any  other  the  world 
had  seen.  Hither,  from  the  manufacturing  centre  of  Eng- 
land and  the  ports  of  London  and  Bristol,  came  this 
grave,  formal,  shrewd,  temperate,  industrious,  and  humane 
people. 

They  were  soon  followed  by  Scotch,  L'ish,  Welsh,  and 
by  Germans,  who  had  been  reached  by  the  new  doctrines, 
much  in  sympathy  with  those  of  their  sectarian  birth- 

*  1623.  t  1667.     Hazard's  Pennsylvania  Annals. 


376  THE   REPUBLIC.  [1787. 

place.  To  his  people,  prepared  by  their  severe  expe- 
rience at  home  to  assert  tolerance  in  religion,  and  to 
combine  liberty  with  law,  Penn  granted  a  "  Frame  of 
Government,"  which,  while  it  reserved  to  the  Proprietary 
the  appointment  of  the  Governor,  gave  to  the  freemen 
the  choice  of  his  council  and  of  their  Assembly.  Ere 
long  were  passed  laws  abolishing  primogeniture,  estabhsh- 
ing  the  trial  by  jury,  providing  for  taxation  only  by  law, 
rendering  real  estate  subject  to  executions  for  debt,  in- 
troducing a  system  of  criminal  jurisprudence  protective 
of  the  rights  of  the  accused,  graduating  punishment,  by 
a  mild  rule,  to  the  offence ;  and  securing  an  universal 
toleration  of  religious  opinions.  The  original  "  Frame  of 
Government "  was  twice  remodelled  by  its  founder,  in  ac- 
cordance with  the  wishes  of  his  followers. 

Under  these  auspices  this  colony  rapidly  grew  in 
wealth  and  numbers,  so  rapidly  that  it  was  at  one  period 
proposed  to  impose  a  check  upon  immigration. 

It  is  of  the  temper  of  the  colonist,  however  happy  his 
lot,  to  be  discontented ;  and  the  charter  and  the  gov- 
ernment of  Penn  had  each  furnished  grounds  of  discon- 
tent. The  latter  was  the  first  to  cause  dissatisfaction. 
It  left  the  constitution  of  the  judiciary  to  the  will  of  the 
Proprietor  and  of  his  successors.  The  "Friends"  had 
suffered,  chiefly  at  home,  from  judicial  tyranny,  and  their 
Assembly  framed  a  judicial  system,  which,  though  re- 
sisted, was  established,  bu.t  compulsorily,  by  subjecting  to 
taxation  equally  with  other  property,  that  of  the  Proprie- 
taries. These,  with  not  a  little  justice,  complained,  that 
quit  rents  due  to  them  as  Lords  of  the  fee  should  be  taxed 
by  the  representatives  of  their  tenants.  This  was  a  fre- 
quent and  a  fruitful  source  of  discord.  As  the  colony 
extended,  and  exterior  dangers  threatened,  a  new  cause 
of  contention  arose.     The  "  Quakers "  insisted  on  their 


^T.  30.]  HAMILTON.  377 

exemption  from  military  duty,  and  from  sharing  the  other 
burdens  of  war ;  to  which  religious  scruples,  they  some- 
times found  support  in  the  German  population,  not  un- 
willing to  escape  service  and  taxation.  As  the  dangers 
became  urgent,  these  scruples  yielded ;  and  aids  were 
granted  in  terms  to  meet  the  refinements  of  conscience.* 
But  these  aids  were  in  paper  money,  and  the  depreciation 
of  this  money  diminished  the  value  of  the  Proprietary 
rents.  Hence  a  contest  between  the  claims  of  the  Pro- 
prietor and  the  necessities  of  the  colony.  The  gentle 
policy  of  the  Quakers  towards  the  Indians  was  another 
subject  of  contention.  The  savage,  pressed  by  the  white 
man,  retaliated.  Mutual  cruelties  ensued,  till  the  frontier 
population  broke  forth  into  insurrection,  because  of  their 
defenceless  condition;  and  menaced  the  safety  of  the 
city  of  Friends,  not  sympathizing  with  the  Irish  and  Ger- 
man borderers,  who,  imitating  the  savage  owners,  held 
the  lands  they  had  invaded,  by  what  was  long  known  as 
"  a  tomahawk  title." 

Amid  all  these  elementary  preparations  to  the  future 
strife,  Pennsylvania  still  increased.  "With  few  slaves,  for 
slavery  was  not  sanctionedf  until  after  the  Revolution, 
its  white  industry  found  ample  returns  in  the  products  of 
its  strong  soil.  Of  the  settlers,  especially  the  Germans, 
many  were  mechanics,  most  taught  in  the  arts  of  supply- 
ing the  home  necessaries  of  life,  made  more  abundant,  at  a 
later  period,  by  the  aid  of  the  cheap  labor  of  "  Servants," 
or  "  Redemptionists,"  toiling  to  purchase  their  freedom 
from  a  contracted  servitude.     Thus,  while  the  exports  of 

*  The  money  granted  was  to  be  expended  in  purchase  of  he^f,  wheat,  or 
other  grain^  intended,  as  is  stated,  to  cover  gunpowder.     Gordon,  249. 

t  An  act  for  "  the  Abolition  of  Slavery,"  drawn  by  William  Lewis, 
was  passed  March  1st,  1780.  It  forbade  "  any  relief  or  shelter  to  any  ab- 
sconding or  runaway  negro  or  mulatto,  slave  or  servant." 


378  THE   REPUBLIC.  [1787. 

the  colony  increased,  the  imports  were  relatively  less. 
Nor  was  mechanic  skill  confined  to  mere  necessaries. 
The  American  genius  for  naval  architecture  exerted  its 
powers.  The  Delaware  welcomed  to  its  placid  surface 
vessels  in  workmanship  and  texture  nowhere  excelled. 
The  Navigation  Act  would  have  confined  the  Colonial 
commerce  to  British  bottoms ;  and  most  of  these  vessels 
were  sold  to  English  merchants ;  but,  though  a  free  inter- 
colonial trade  was  interdicted  by  Parliament,  still  room 
was  left  for  enterprise  in  a  traffic  with  the  West  Indies, 
the  Canary  Islands,  and  a  few  other  ports. 

Thus  an  important  mercantile  community  grew  up ; 
and  Philadelphia  became  the  commercial  metropolis  of 
the  Colonies — the  infant  seat  of  their  letters,  elegance,  and 
art — the  distinguished  city,  whence  they  would  declare  to 
the  world  the  rights  and  duties  of  Independence ;  and  in 
which  were  held  those  great  consultations,  which  guided 
the  energies  of  this  Republic  in  war,  and  shaped  its  fu- 
ture form  and  destinies. 

In  the  preceding  political  controversies  of  this  colony, 
the  parties  were  classed  as  "the  City  or  Governor's 
party,"  and  the  "Quakers  or  Country  party,"  which 
held  the  predominance.  When  the  questions  which  gen- 
erated the  Revolution  had  become  rife,  this  division 
changed.  The  merchants  were  foremost  in  resistance 
to  the  new  imperial  laws  of  trade,  for  these  restricted 
their  bread.  The  industrial  classes  were  not  less  alive, 
for  England  had  passed  statutes  which  affected,  oppres- 
sively, every  man  that  wore  a  hat,  or  guided  a  plough- 
share,* or  levelled  a  rifle.  The  Germans,  also,  hostile  to 
English  sway,  were  ready  for  revolt.     The  Irish  popula- 

*  Hatters  could  only  employ  two  apprentices.  No  slitting  or  rolling  mills 
were  permitted — 1750. 


^T.  30.]  HAMILTON.  379 

tion  had  tried  their  courage  on  the  frontier ;  had  seen  the 
discomfiture  of  English  troops,  and  were  not  unwilling  to 
measure  their  strength  ;  and,  with  these,  were  seen  to  min- 
gle, with  earnest  contumacy,  the  settlers  from  Connecticut, 
who,  at  Wyoming,  had  disputed  successfully  the  power  of 
the  Colony,  and  thought  they  saw  in  an  abruption  from  the 
Enghsh  throne,  the  end  of  the  land  titles  they  were  con- 
testing. 

But  the  Quakers  stood  aloof.  They  were  unwilling 
to  meet  the  great  emergence.  They  would  rather  peti- 
tion. The  case,  in  their  eyes,  was  not  clear.  Of  all  the 
charters,  that  of  Pennsylvania  alone  submitted  the  power 
of  imposing  taxes  or  customs  to  the  English  Parlia- 
ment. 

The  acts  of  trade  were  acts  of  Parliament ;  had  they 
a  right  to  resist,  and,  especially,  would  resistance  compel 
them  to  imbrue  their  hands  in  blood?  Was  the  time 
come  ?  Sympathizing  with  the  privations  of  Boston,  they 
formed  a  committee  of  "  Sufferings,"  bestowing  liberally 
of  their  wealth ;  and,  ultimately,  yielding  to  the  strong 
necessity  of  the  day,  they  submitted  to  compromise  for 
military  service  by  an  equivalent  in  money. 

The  transition  from  a  government  bearing  allegiance 
to  the  crown,  to  one  solely  representing  the  popular  sen- 
timent, was,  in  Pennsylvania,  easy.  The  power  of  the 
Colony  had  long,  virtually,  been  in  the  Assembly ;  and  it 
was  only  necessary  for  them  to  disregard  the  Governor, 
and  to  change  the  objects  for  which  they  exerted  that 
power.  Hence  it  was,  that  the  leaders  in  intelligence, 
property,  and  station — the  conservative  party — preferred 
continuing  the  Charter  Assembly.  But,  on  important 
questions,  that  body  was  nearly  balanced.  Eflforts  to 
popularize  it  had  failed.  A  Provincial  congress  was  held, 
and  a  new  Constitution  was  proclaimed  and  organized. 


380  THE   KEPUBLIO.  [1787. 

The  discontents  which  had  prevailed  were  not  quieted 
by  this  Constitution,  nor  by  its  administration.  It  created 
a  single  legislative  body,  chosen  by  electors,  without  any 
property  qualification ;  an  executive  council,  composed 
of  a  member  from  each  county,  increasing  with  the  num- 
ber of  the  counties,  who  chose  the  President  and  Vice- 
President  for  a  term  of  three  years ;  and  a  Council  of 
Censors,  elected  septennially  to  recommend  amendments 
to  the  Constitution,  and  revise  the  intervening  legisla- 
tion, without  power  to  repeal  the  laws.  Such  a  contri- 
vance alarmed  the  discretion  of  men,  who  desired  a  gov- 
ernment of  balances  and  checks,  and  were  called  the 
"  Republicans."  Its  supporters  were  denominated  "  Con- 
stitutionalists." The  former  denied  all  obligation  to  the 
Constitution,  and  resolved  to  defeat  it ;  the  latter,  sus- 
taining it,  obtained  the  ascendency.  Bitter  contentions 
ensued.  The  popular  committees  gained  a  temporary 
sway,  persecuted  the  loyalists,  and  proscribed  the  law- 
yers, who  had  interposed  their  shield.  The  merchants 
became  next  the  objects  of  hostility.  A  regulation  of 
prices  was  introduced.  An  enforcement  of  it  by  arms 
was  menaced.  Riots  occurred,  and  democracy  became 
rank  in  its  excesses. 

The  Legislature  partook  of  the  same  character. 

"  A  Divesting  Act "  was  passed,  wresting  from  the 
Proprietors  of  the  Colony  their  large  estates,  giving  an 
arbitrary  compensation  ;^  and  violating  the  charter  of  the 
college,  by  transferring  its  corporate  powers.  The  gov- 
ernment, under  whose  auspices  these  laws  were  passed, 
was  finally  invested  by  the  Legislature  with  dictatorial 
authority.!  What  remained  of  the  countervailing  influ- 
ence of  property  was  undermined  by  successive  emissions 

*  Reed's  Life  of  Reed,  vol.  ii.  166,  169.  f  Ibid.  208. 


^T.  30.]  HAMILTON.  381 

of  unfunded  paper,  attempted  to  be  sustained  by  tender 
laws  ;  and  when  the  bubble  had  burst,  the  popular  party 
directed  its  force  against  the  only  remaining  power,  that 
of  legitimate  credit. 

The  charter  of  the  Bank  instituted  to  sustain  the  army 
was  repealed.  New  and  increased  exacerbations  fol- 
lowed. The  Bank  charter  was  renewed,  and  in  the 
midst  of  the  violent  political  and  personal  commotions 
of  this  disturbed  State,  then  the  second  in  its  population 
of  the  United  States,  the  Federal  Constitution  was  sub- 
mitted for  its  adoption  or  rejection. 

The  legislature  of  Pennsylvania  was  in  session  at  Phil- 
adelphia at  the  time  Congress  directed  its  submission  to 
the  people.  This  recommendation  was  communicated  to 
the  House  by  express  the  day  after  its  approval — being 
that  previous  to  its  adjournment ;  was  read  in  the  after- 
noon of  that  day,  and  the  call  of  a  State  Convention  was 
adopted,  with  but  two  dissenting  voices — a  decision  re- 
ceived with  loud  plaudits  by  the  audience. 

The  opposition,  surprised  by  the  rapidity  of  this  pro- 
cedure, rallied  upon  the  question  as  to  the  mode  of  ap- 
pointing delegates  to  this  convention.  It  was  led  by  Wil- 
liam Findley,  an  emigrant  from  Ireland,  in  early  life  a 
humble  weaver,  raised  to  importance  by  a  secluded,  igno- 
rant, frontier  population.  He  was  supported  by  a  few 
officers  of  the  State  Government,  jealous  of  power  and 
fearing  change.  Findley,  whose*  subsequent  political 
course  is  strongly  marked,  had  been  among  the  number 
of  candidates  for  a  seat  in  the  Federal  Convention. 
From  a  house  consisting  of  sixty-three  members,  he  re- 
ceived but  two  votes. 

To  prevent  the  action  of  the  Legislature,  sixteen  of 
its  members  now  withdrew.  Indignant  at  this  secession, 
a  number  of  the  citizens  resorted  to  the  residence  of  two 


382  THE  REPUBLIC.  [1787. 

of  the  deputies,  seized  their  persons,  dragged  them  to  the 
State  House,  and  there  detained  them  until  the  legisla- 
ture, a  quorum  being  thus  formed,  had  voted  upon  the 
mode  of  appointing  the  convention. 

The  "  Seceders,"  defeated  by  this  summary  act,  ad- 
dressed their  constituents,  alleging,  as  an  excuse  for  their 
conduct,  the  departure  of  the  Federal  Convention  from 
its  proper  office — a  mere  amendment  of  the  confederation ; 
the  introduction  of  a  government  fraught  with  dangers 
to  public  liberty ;  the  irregularity  of  the  Legislature  in 
acting  without  an  official  request  by  Congress;  and  the 
precipitancy  of  its  proceedings.  The  reply  of  the  ma- 
jority asserted,  that  the  original  appointment  of  delegates 
to  the  Federal  Convention  had  been  made  previous  to  the 
intervention  of  Congress ;  that  Findley  was  a  member  of 
the  committee  which  reported  the  act  for  their  appoint- 
ment ;  and  that  he  concurred  in  the  selection  of  delegates. 
It  denied  that  the  Convention  had  exceeded  their  powers , 
and  alleged,  that  great  forbearance  had  been  shown  to 
the  "  Seceders,"  who  had  "  violated  the  first  condition  of  all 
political  society,  which  obliges  the  few  to  yield  to  the 
many."  The  Address  of  the  "  Seceders,"  although  it  kin- 
dled an  opposition  in  the  western  part  of  the  State,  set- 
tled by  foreigners,  ripe  for  the  arts  of  demagogues,  pro- 
duced little  sympathy  in  the  people  at  large,  from  the 
well-ascertained  fact,  that  a  meeting,  chiefly  of  persons 
holding  office  under  the  Sta'te,  had  been  convened  at 
Philadelphia,  during  the  sitting  of  the  General  Conven- 
tion, which  resolved,  if  the  Constitution  should  interfere 
in  the  least  with  that  of  Pennsylvania,  that  it  ought  to  be 
opposed,  and  rejected. 

It  was  the  same  party,  which,  as  stated,  under  the 
name  of  Constitutionalists,  had  repealed  the  charter  of 
the  Bank,  and  the  charter  of  the  University ;  had  sup- 


^T.  30.]  HAMILTON.  383 

ported  a  Test  Act,  and  had  imposed  an  oath  of  abju- 
ration.* 

They  became  very  active  in  their  efforts  to  prejudice 
the  public  mind,  but  with  partial  success. 

The  Convention  of  Pennsylvania  assembled  on  the 
twenty-first  of  November. 

The  leading  opponents  of  the  new  system  were  Find- 
ley,  then  of  Westmoreland,  John  Smilie,  of  Fayette,  also 
a  native  of  Ireland,  and  Whitehill,  of  Lancaster.  Its 
prominent  advocates  were  Chief  Justice  McKean,  and 
James  Wilson,  representing  Philadelphia.  The  latter,  a 
native  of  Scotland,  whose  liberal  spirit  and  masculine  vigor 
of  intellect  had  been  often  previously  displayed  in  Con- 
gress, principally  and  most  ably  sustained  it. 

In  this  labor  of  patriotism  were  also  associated.  Gen. 
Wayne,  Colonels  Hartly,  Pickering,f  and  McPherson. 
The  report  of  the  debates  of  this  Convention  give  but 
one  side  of  the  argument ;  the  views  of  the  opposition  are 
from  other  sources. 

This  omission  is  of  less  moment,  because  the  large 
majority  in  favor  of  the  Constitution  being  early  ascer- 
tained, the  minority  directed  their  chief  efforts  to  compli- 
cate the  question  by  a  proposed  Bill  of  Rights,  and  various 
amendments. 

The  prominent  objections  raised  against  the  Constitu- 
tion were,  that  it  needed  such  a  declaration  of  rights,  that 
it  would  annihilate  the  State  governments,  and  produce  a 
consolidated  empire  from  the  powers  conferred  upon  it 

*  On  the  29th  of  September,  1784,  it  is  stated,  that  the  Assembly  of  Pemi- 
sylvania  was  dissolved  in  consequence  of  a  disagreement  on  a  bill  to  alter 
the  Test  Act.  This  law  is  said  to  have  excluded  from  the  right  of  suffrage 
two-fifths  of  the  inhabitants  of  the  State.  General  Wayne  was  conspicuous 
in  opposition  to  this  arbitrary  measure. 

f  Timothy  Pickering. 


384  THE  KEPUBLIC.  [1787. 

of  internal  taxation,  and  of  supporting  a  standing  army 
in  time  of  peace ;  while  the  rights  of  individuals  would  be 
subject  to  a  National  Judiciary,  uncontrolled  by  jury  trials. 

Smilie  deprecated  the  dangers  of  such  a  government, 
drew  analogies  from  the  imperial  rule  of  Rome,  seeing,  in 
the  distance,  that  the  shadows  of  government  might  long 
be  retained,  when  the  substance  was  totally  lost  and  for- 
gotten. "Liberty  and  happiness,"  Wilson  answered, 
"  have  a  powerful  enemy  on  each  hand — on  the  one,  tyr- 
anny ;  on  the  other,  licentiousness.  To  guard  against 
the  latter,  it  is  necessary  to  give  the  proper  powers  to 
government ;  and  to  protect  against  the  former,  those 
powers  should  be  properly  distributed." 

Findley  urged  the  several  evils  of  the  system  ;  that 
by  the  preamble  of  the  Constitution,  "  We,  the  people," 
and  not  we  the  States,  it  was  a  compact  between  individ- 
uals entering  into  society,  and  not  between  separate  States 
enjoying  independent  power  and  delegating  a  portion  of 
it  for  the  common  benefit ;  that  in  the  Legislature  each 
member  had  a  vote,  while  in  the  confederation  the  vote 
was  by  States ;  that  the  general  power  of  taxation  would 
absorb  the  particular  powers;  that  Congress  possessed 
the  power  of  judging  of  elections ;  that  the  Judiciary 
power  was  co-extensive  with  the  Legislative ;  that  the 
payment  of  the  national  legislature  was  to  be  from  the 
national  treasury ;  and  that  an  oath  of  allegiance  to  the 
Constitution  was  required. 

The  answer  to  these  objections  involved  a  full  exami- 
nation of  the  Constitution.  It  was  made  by  Wilson.  His 
reply  to  the  first  objection  on  the  great  question  of  the 
nature  and  source  of  the  government,  has  much  force. 
"  I  confess,  I  am  much  surprised  to  see,  that  the  great 
leading  principle  of  this  system  is  so  very  much  misunder- 
stood.    It  is  said,  *  The  convention  no  doubt  thought  they 


^T.  30.]  HAMILTON.  385 

were  forming  a  Contract ! '  I  cannot  answer  for  what 
every  member  thought,  but  I  believe  it  cannot  be  said, 
that  they  thought  they  were  making  a  contract,  because 
I  cannot  discover  the  least  trace  of  a  compact  in  that 
system.  There  can  be  no  compact  unless  there  are  more 
parties  than  one.  I  know  no  bargains  that  were  made 
there.  I  am  unable  to  conceive  who  the  parties  could 
be.  The  State  Governments  make  a  bargain  with  one 
another !  That  is  the  doctrine  that  is  endeavored  to  be 
established  by  gentlemen,  in  opposition.  Their  State  Sov- 
ereignties wish  to  be  represented.  But,  far  other  were 
the  ideas  of  the  Convention,  and  far  other  are  those 
conveyed  in  the  system  itself.  This  is  not  a  Government 
founded  upon  Compact.  It  is  founded  upon  the  power  of 
the  people.  They  express  in  their  name  and  their  author- 
rity — *  We,  the  people,  ordain  and  establish.'  From  their 
ratification  alone,  it  is  to  take  its  constitutional  authority : 
without  that,  it  is  no  more  than  tabula  rasa. 

"  These  expressions  declare,  in  a  practical  manner,  the 
principle  of  the  Constitution.  It  is  *  ordained  and  estab- 
lished '  by  the  people  themselves ;  and  we,  who  give  our 
votes  for  it,  are  merely  the  proxies  of  our  Constituents. 
We  sign  it,  as  their  attorneys ;  and,  as  to  ourselves,  we 
agree  to  it  as  Individuals." 

His  argument  for  the  power  of  Internal  Taxation 
was  founded  on  the  necessity  of  such  a  power  to  attain 
the  objects  of  the  Government.  That  it  was  a  consoli- 
dated Government  was  denied,  because  on  the  State  Gov- 
ernments its  organization  rested ;  and  the  allegation  that 
it  transferred  to  the  General  Government  the  State  Sover- 
eignties, was  met  by  the  assertion  of  the  principle,  that 
the  Sovereignty  is  not  in  the  possession  of  the  Govern- 
ments, it  is  in  the  people.  "  The  truth  is,"  he  remarked, 
"that  in  our  governments,  the  supreme,  absolute,  and  un- 
VoL.  lY.— 25 


386  THE   EEPUBLIO.  [1787. 

controllable  power,  remains  in  the  people.  As  our  Con- 
stitutions are  superior  to  our  legislatures,  so  the  people 
are  superior  to  our  Constitutions. 

"  The  people  may  change  the  Constitutions  whenever 
and  however  they  please.  This  is  a  right  of  which  no 
positive  institution  can  ever  deprive  them." 

Thus  it  is  seen  here,  as  it  may  be  in  the  proceedings 
of  the  Convention  of  every  other  great  State  of  this 
Union,  that  the  much  calumniated  *  Federalists '  were  al- 
ways the  first  to  recognize,  the  boldest  to  assert,  the  most 
scrupulous  in  regarding  the  people  of  the  United  States 
as  the  source  of  political  power. 

The  observations  of  Wilson  extended  to  a  large  re- 
view of  the  new  system  of  government,  its  principles, 
and  the  distribution  of  its  powers,  their  extent  and  checks  ; 
marking,  with  nice  discrimination,  the  differences  between 
it  and  pre-existing  confederacies. 

Smilie  replied,  insisting  upon  the  necessity  of  a  Bill 
of  Rights  as  a  standard  by  which  to  measure  the  powers 
of  the  Government,  and  demanded  of  its  advocates  an 
adequate  reason  for  omitting  an  instrument,  "  so  essential 
to  a  perfect  form  of  Government."  McKean  answered, 
that  Bills  of  Rights  were  of  modern  invention,  inappli- 
cable to  institutions,  where  the  whole  sovereignty  was  in 
the  people,  as  an  inherent  right,  and  that  they  were  only 
useful  to  limit  a  Government  established  on  the  principle, 
"  that  the  supreme  power  is  lodged  in  the  King." 

After  frequent  debate,  memorials,  which  had  been 
circulated  extensively,  were  presented,  urging  an  adjourn- 
ment of  the  State  Convention  to  a  future  day,  to  as- 
certain the  proceedings  of  other  States.  As  the  ground 
of  this  motion,  fifteen  amendatory  articles*  were  sub- 

*  The  seventh  and  eighth  of  these  were  intended  to  create  the  impression, 
by  insisting  upon  the  right,  that  the  Constitution  would  give  the  power  of 


iET.  80.]  HAMILTON.  387 

mitted,  which  were  supported  by  Smilie,  but  were  reject- 
ed by  a  large  vote.  Wilson  declared,  "  that  the  evident 
operation  of  this  proposition  would  be,  to  exclude  the 
people  from  the  Government,  and  to  prevent  the  adoption 
of  this  or  any  other  plan  of  Confederation  ;  that  he  was 
happy  it  should  appear  on  the  journal,  as  an  evidence  of 
the  motives  that  prevailed  with  those  who  framed  and 
supported  it,  and  that  its  merited  rejection  would  perma- 
nently announce  the  sentiments  of  the  majority  respect- 
ing so  odious  an  attempt." 

The  final  vote  of  unconditional  ratification  was  taken 
on  the  twelfth  of  December,  when  there  appeared  forty- 
six  members  in  favor,  twenty-three  against  it.  The  oppo- 
nents were  urged  by  Colonel  Hartly  to  sign  it,  as  an  acqui- 
escence to  the  principle,  that  the  majority  should  govern. 
Smilie  replied,  "  that  he  would  never  allow  his  hand,  in 
so  gross  a  manner,  to  give  the  lie  to  his  heart  and 
tongue." 

prohibiting  hunting  and  jisTiing  by  the  proprietors  on  their  own  property ;  an- 
other excluded  the  imposition  of  internal  and  direct  taxes. 


CHAPTER    L. 

The  day  prior  to  the  ratification  by  Pennsylvania,  the 
Convention  of  New  Jersey  assembled.  Her  previous 
course  left  no  doubt  as  to  the  policy  of  this  State. 

From  the  commencement  of  her  Colonial  existence 
to  its  end,  it  had  been  a  scene  of  frequent  discord. 
Though  with  a  large  maritime  front  and  a  various  surface, 
her  natural  advantages  were  not  great.  From  Shrews- 
bury to  Cape  May  there  is  not  a  single  harbor  of  any 
value.  The  low  level  of  the  southern  portion  is  a  pine 
barren.  On  the  west,  inhabited  by  Quakers,  the  soil  is 
good.  The  residue  of  the  State,  where  Dutch  and 
Swedes  and  Scotch  .toiled,  with  some  exceptions,  is  hilly 
and  rugged.  The  people  were  poor.  The  earliest  char- 
ter had  secured  religious  freedom  and  the  power  of  im- 
posing taxes  to  an  Assembly,  chosen  by  the  freemen ;  but 
the  Government  was  Proprietary,  and  unhappily  the 
grant  was  to  different  Proprietors.  Thus,  the  Colony  was 
early  divided.  Beside  the  questions  which  had  disturbed 
the  other  Colonies — of  grants  of  revenue,  requisitions  of 
militia,  paper  emissions,  the  duration  of  their  Assemblies — 
controversies  had  arisen  as  to  the  titles  of  the  lands,  which  the 
surrender  of  the  Government  to  the  Crown  did  not  quiet. 
The  Proprietary  titles  were  retained ;  and,  of  the  population, 
many  regarded  them  with  jealousy.     Attempts  to  enforce 


^T.  30.]  HAMILTON.  389 

these  titles  were  resisted,  and  the  resistance  was  counte- 
nanced by  the  popular  branch  of  the  Legislature.  It  was 
amidst  all  the  excitement  of  such  controversies,  that  the 
Revolution  opened.  The  successive  measures  of  opposi- 
tion were  entered  into  warmly.  The  Royal  Governor  of 
the  Colony  was  denounced — seized  as  an  enemy,  and  held 
a  prisoner  in  Connecticut,  until  the  close  of  the  contest. 
A  new  Government  was  organized  before  the  Declaration 
of  Independence,  and  its  powers  were  steadily  exerted 
until  independence  was  attained. 

But  New  Jersey,  with  little  to  spare,  felt  grievously 
the  severities  of  the  War,  increased  by  the  impotence  of 
the  Confederation;  and  is  seen  among  the  earliest  and 
most  urgent  advocates  of  its  invigoration. 

Although  her  proposed  form  of  Government  had  not 
obtained  in  the  Federal  Convention,  she  had  gained  much 
in  the  modification  of  the  Virginia  plan.  The  narrow 
policy  of  New  York  was  not  unwelcome  to  her,  for  it 
served  the  supposed  interests  of  a  small  State.  The 
larger  scope  of  Pennsylvania  she  would  disapprove,  as 
reducing  her  relative  importance.  But  with  neither 
State  had  she  any  strong  political  affinities.  Both,  from 
their  superior  power  and  superior  advantages,  would  be, 
at  first  view,  objects  of  jealousy.  The  mind  of  the  State 
had,  from  this  very  jealousy,  and,  also  under  wise  and 
happy  influences,  been  long  preparing  for  a  change  of 
system ;  and,  when  the  Constitution  was  presented  for 
her  adoption,  the  Convention,  after  a  session  of  four  days, 
adopted  it  on  the  twelfth  of  December,  unconditionally, 
and  without  a  dissenting  voice. 

Though  Georgia  had  withheld  from  Congress  the 
power  of  levying  an  impost,  and,  from  jealousy  of  East- 
ern influence,  had  opposed  the  admission  of  Vermont  into 
the  Union,  thus   showing  Anti-National   tendencies,  yet 


390  THE   REPUBLIC.  [1787. 

there  could  be  little  doubt  she  would  accept  the  Consti- 
tution. 

With  an  area  twice  that  of  her  neighbor,  South  Caro- 
lina, she  had  only  one-third  of  the  population,  who  were 
chiefly  engaged  in  planting  the  rich  lands  upon  the  coast, 
and  on  the  Savannah,  where  the  first  settlement  had  been 
made  by  the  English,  a  century  later*  than  most  of  the 
other  Colonies. 

Her  earliest  Government  was  an  incorporation  of 
Trustees,  who — as  a  principal  object  of  tke  colonization 
was  to  erect  a  barrier  to  Carolina  against  aggressions  from 
Florida  and  Louisiana — ^granted  the  lands  to  settlers  to  be 
held  as  military  fiefs,  revertible.  Further,  to  prevent  the 
vreakness  incident  to  their  introduction,  these  Trustees 
expressly  forbade  the  importation  of  slaves. 

So  uncertain  a  tenure  of  property  could  not  long  en- 
dure in  any  of  the  North  American  Colonies.  The  re- 
striction as  to  slavery  delayed  the  culture  of  crops  suit- 
able to  the  soil  and  climate.  The  cost  of  the  settlement 
had  been  large — the  returns  small ;  and,  at  the  expiration 
of  twenty  years,  the  charter  was  surrendered,  and  a 
royal  government  was  established.  During  this  period  a 
number  of  Scotch  Highlanders  were  settled  at  Darien. 
A  body  of  Germans  also  found  their  way  here,  and  a  few 
French.  The  principal  change  which  took  place  in  its 
condition  was  the  introduction  of  slaves.  Though  wealth 
increased,  her  white  population  continued  small.  Her 
great  resources  were  not  developed.  Spanish  possessions 
of  no  friendly  temper,  were  her  Southern  neighbors. 
Dense  tangled  forests  covered  her  large  interior,  occupied 
by  numerous  tribes  of  warlike  Indians,  against  whose 
menacing  ravages  the  inhabitants  of  Savannah  were  en- 
gaged in  throwing  up  defences  after  the  Federal  Conven- 

*  1732. 


^T.  31.]  HAMILTON.  391 

tion  had  closed  its  labors.  A  sense  of  weakness  and  im- 
pending dangers  overruled  all  local  or  sectional  jealousies, 
and,  eager  to  place  herself  under  the  shield  of  an  efficient 
general  government,  on  the  second  of  January,  Georgia, 
by  a  unanimous  vote,  adopted  the  Constitution. 

Connecticut  was  next.  The  most  southern  of  the 
New  England  Colonies,  divided  by  three  nearly  paral- 
lel streams,  retaining  their  descriptive  Indian  appella- 
tions, from  the  largest  of  which,  the  Connecticut,  it  is 
known,  shows  in  the  names  and  the  number  of  its  towns 
its  origin  and  its  policy. 

These  towns  all  bear  English  names,  and  were  settled 
by  emigrants  from  three  contiguous  south-western  coun- 
ties of  England,  soon  after  the  first  colonization  of  Massa- 
chusetts. 

Dissenters  from  the  Church  of  the  mother  country, 
they  came  hither  in  separate  bodies,  each  with  its  minister 
at  its  head,  and  planted  themselves  in  separate  communi- 
ties, at  not  remote  points — forming  at  first  two  Colonies, 
those  of  Connecticut  and  New  Haven,  which,  after  a 
third  of  a  century,  were  united  in  one.  The  lands  of  the 
former  were  held  under  a  patent  from  the  crown  ;  those 
of  New  Haven  were  purchased  directly  from  the  Indians. 
Both  enjoyed,  except  for  an  inconsiderable  time,  a  gov- 
ernment chosen  by  themselves,  composed  of  a  Governor 
and  his  council,  and  of  an  assembly  which  met  twice  a 
year,  all  elected  annually  by  the  ballots  of  the  admitted 
freemen  of  each  town,  no  person  being  eligible  more 
than  once  in  two  years.  The  Constitution  of  the  New 
Haven  colony  restricted  the  choice  to  Church  members — 
the  government  and  its  laws  being  founded  on  Scripture 
rules.  One  of  the  first  acts  of  its  earliest  assembly  was, 
the  incorporation  of  towns ;  each  empowered  to  elect  a 
court  for  its  own  government  in  lesser  matters,  with  a 


392  THE   REPUBLIC.  [1788. 

moderator,  and  each  carefully  guarded  as  to  its  bounds 
and  powers  by  a  distinct,  recorded  demarcation. 

These  towns  were  soon  divided  into  small,  nearly 
equal,  farms.  No  disputes  of  title  disturbed  their  peace. 
Save  the  double  portion  to  the  eldest,  these  farms  de- 
scended equally  among  the  males ;  and  these  two  United 
Colonies,  under  one  charter,  subsequently  obtained,  of 
largest  franchises,  exhibited  a  community  in  all  its  ordi- 
nances, carrying  the  system  of  self-government  to  the 
utmost  extent  consistent  with  a  system  of  laws.  But 
over  this  political  equality  one  influence  was  powerful 
and  dominant,  nor  was  it  reluctant  to  exert  its  power  or 
to  extend  its  control, — the  influence  of  the  clergy.  Thus 
a  College  was  founded,  but  it  was  under  the  control  of 
the  ministry,  each  of  whom  was  elected  by  the  inhabitants 
of  his  town,  being  Church  members,  whose  duty  it  was,  in 
the  several  precincts,  to  make  "  warning  "  visits  of  inquiry. 
Four  years  after,  a  small  Episcopal  church  was  founded 
at  Stratford ;  and  four  years  more  were  only  permitted  to 
elapse,  when  the  Legislature  passed  an  act  requiring  the 
dissenting  churches  to  form  an  ecclesiastical  Constitution 
for  the  "  Association  of  Ministers  "  and  the  "  Consociation 
of  Churches."  "Visible  Saints"  were  pronounced  the 
only  fit  members,  and  confederation  the  only  form  of  a 
"  Visible  Church."  A  "  Confession  of  Faith  "  was  adopted, 
and  "  Heads  of  Agreement "  were  entered  into,  called  the 
"  Saybrook  Platform ; "  and  all  Churches  agreeing  in  it, 
were  declared  established  by  law.* 

As  a  natural  and  necessary  consequence,  divisions  of 
opinion,  violent  and  extreme,  arose.  "  Separatists  "  were 
seen  in  large  numbers,  burning  their  religious  books  and 
their  ornaments,  which  they  called  their  "  idols,"  and  sol- 

*  Other  churches  were  nevertheless  permitted — 1708. 


iET.  31.]  HAMILTON.  393 

emnly  charging  each  other  not  to  premeditate,  but  "  to 
speak  as  the  Spirit  should  give  utterance." 

Under  such  a  notion,  laymen  became  preachers,  un- 
til prohibited  by  law.  This  law  being  repealed,  the 
"Separatists"  died  out,  and  the  legal  clergy  supported 
by  rates,  and  having  education  in  their  hands,  as  masters 
of  the  schools,  also  supported  by  rates,  resumed  their  sway. 

The  legislation  as  to  morals  assumed  a  stern  cast. 

The  scripture  measure  of  crime  and  punishment,  m- 
tended  to  govern  and  preserve  a  "  peculiar  people  "  in  the 
midst  of  heathens,  was  adopted  in  this  modern  society. 
Blasphemy  was  punished  with  death,  and  branding, 
whipping,  and  wearing  the  halter,  were  the  penalties 
of  offences,  for  most  of  which  a  milder  policy  leaves  the 
reparation  to  civil  justice. 

Under  a  rule  so  rigid,  dissent,  whispering  toleration, 
would  pass  into  disbelief;  morality  would  be  weakened 
by  sneers ;  and  the  sense  of  right  would  fade  into  that 
of  expedience. 

These  were  the  errors  of  a  small  colony,  possessing 
little,  for  much  was  beyond  their  reach,  with  leisure  for 
speculative  inquiries,  to  whom  large  interests,  with  the 
large  attendant  ideas,  were  not  present. 

Without  any  valuable  fisheries  along  its  extensive 
coast,  its  exports  were  limited  to  the  productions  of  their 
not  extensive  forests,  to  a  few  cereals  and  surplus  pro- 
visions carried  to  the  neighboring  provinces  and  to  the 
West  Indies,  chiefly  in  the  form  of  barter.  In  no  other 
colony  was  individual  economy  more  necessary  or  more 
general.  The  wants  of  the  Colonial  government  were 
few,  while  the  town  rates,  levied  without  discrimination 
of  persons,  even  assuming  the  form  of  an  income  tax,* 


*  Traders,  tradesmen,  and  artificers  were  to  be  rated  according  to  their 
'  gains  and  returns." 


394  THE   EEPUBLIO.  [1788. 

met  the  chief  demands  ,•  and  were  suppHed  by  an  impost 
duty  on  importers,  not  being  inhabitants,  "  either  by  wa- 
ter or  land  carriage^  When  the  Enghsh  restrictive  laws 
were  promulgated  in  Connecticut,  opposition  was  more 
a  matter  of  theory,  than  of  interest,  a  fear  of  future 
rather  than  a  sense  of  present  injury. 

Sympathizing  with  her  sister  colonies,  she  rejected  the 
menaced  tyranny  of  a  government,  to  her  always  essen- 
tially foreign ;  and,  when  the  Revolution  was  begun, 
contributed  freely  of  what  she  had.  In  the  previous  con- 
tests, this  colony  had  furnished  double  her  contingent  of 
troops,  and  during  the  war  of  the  Revolution  similar  ef- 
forts .  are  seen.  As  consequences,  labor  was  withdrawn ; 
her  fields  were  untilled ;  and  her  small  commerce  was 
cut  off  by  a  frequent  blockade.  Too  cautious  to  indulge 
largely  in  paper  emissions,  and  too  equitable  to  enforce  a 
rigid  tender  law,  she  escaped,  in  a  degree,  the  injuries 
of  a  broken  credit. 

But  when  Independence  was  secured,  she  felt  all  its 
present  evils,  few  of  its  benefits.  With  the  West  Indies, 
her  Commerce  was  curtailed.  With  the  other  States,  it 
was  a  conflict  of  interest  leading  to  a  countervailing  pol- 
icy. Vain  were  her  efforts,  by  bounties  and  privileges, 
to  draw  to  herself,  that  capital,  which,  elsewhere,  found 
better  returns,  or  to  encourage  manufactures,  the  value 
of  which  time  only  could  develop. 

Her  industrial  interests  had  early  conferred  on  Con- 
gress the  power  of  raising  a  general  revenue  to  discharge 
debts  of  which  she  was  a  creditor,  and  her  intelligence 
saw  the  importance  of  a  more  efficient  Union.  But  the 
strictness  of  her  political  opinions,  shown  in  all  the  limi- 
tations of  her  own  institutions,  recoiled  at  the  idea  of  a 
National  Government,  with  enlarged  powers.  Appeased 
by  the  concessions  to  the  claimed   Sovereignty  of  the 


iET.  31.]  HAMILTON.  395 

smaller  States,  her  prejudices,  in  part,  gave  way,  and  the 
jealousy  of  a  central  power  was  met  by  her  jealousy  of 
her  neighbor  States.  Her  remnant  of  bigotry  was  also 
checked  by  the  advancing  opinions  of  the  world.  Thus, 
the  question  of  the  adoption  of  the  Constitution  was  a 
struggle  between  her  fears  and  her  wants — between  nar- 
row antecedents  and  prospective  wisdom. 

It  was  after  a  long  debate,  closed  only  by  the  shadows 
of  approaching  night,  in  which  the  advocacy  of  the  Con- 
stitution devolved  upon  a  youth,*  who  addressed  the  Leg- 
islature from  the  pulpit  stairs,  that  Connecticut  resolved 
to  appoint  delegates  to  the  Federal  Convention,  the  call- 
ing of  which  she  had  earnestly  opposed'. 

To  decide  upon  its  great  act,  the  State  Convention 
met  on  the  third  of  January,  the  day  after  Georgia  had 
approved  it.  The  following  day,  after  an  oppressive 
pause,  Oliver  Ellsworth's  tall,  slender  form  was  seen 
"Vising  before  the  anxious  inquiring  auditory,  assembled, 
as  was  the  custom,  in  a  place  of  worship.  His  dark  com- 
plexion and  solemn  countenance  seemed  clouded  with 
the  careworn  apprehensions  of  a  deep-thinking  man ; 
while  in  full,  earnest,  but  not  melodious  tones,  he  began 
the  work  of  conviction.  His  observations  chiefly  turned 
upon  the  importance  of  Union  to  the  National  defence^ 
to  economy — to  internal  Peace  and  to  the  preservation 
of  commutative  Justice. 

On  each  of  these  heads,  he  descanted  in  his  marked 
didactic  manner,  adding  illustrations  from  various  history. 
His  remarks  on  the  last  topic  are  indicative  of  the  feel- 
ings of  his  State  : 

"  If  we  are  divided,"  he  asked,  "  what  is  to  hinder  the 
large  States  from  oppressing  the  small  ?  What  is  to  de- 
fend us  from  the  ambition  and  rapacity  of  New  York, 

*  A  son  of  William  Johnson. 


396  THE   REPUBLIC.  [1T88. 

when  she  has  spread  over  that  vast  territory  which  she 
claims  and  holds  ?  Do  we  not  already  see  in  her  the 
seeds  of  an  overbearing  ambition  ?  On  our  other  side, 
there  is  a  large  and  powerful  State.  Have  we  not  already 
begun  to  be  tributaries  ?  If  we  do  not  improve  the  pres- 
ent critical  time,  if  we  do  not  unite,  shall  we  not  be  like 
Issachar  of  old,  a  strong  ass  crouching  between  two  bur- 
dens ?  New  Jersey  and  Delaware  have  seen  this,  and 
have  adopted  the  Constitution,  unanimously." 

He  then  proceeded  to  show  the  necessity  of  an  ener- 
getic system,  from  the  example  of  other  nations,  and  from 
the  unequal  burdens  borne  by  that  State ;  from  the  dis- 
regard of  Treaties  and  the  condition  of  the  Foreign  Debt ; 
as  consequences  of  which,  Britain  held  the  northern  Posts, 
and  Spain  occluded  the  Mississippi.  The  next  step,  he 
said,  would  be  reprisals — then  war. 

"If  a  war  breaks  out,  (and  our  situation  invites  our 
enemies  to  make  war,)  how  are  we  to  defend  ourselves  f 
Has  government  the  means  to  enlist  a  man,  or  buy  an  ox  ? 
or  shall  we  rally  the  remainder  of  our  old  army  ?  The 
European  nations,  I  believe  to  be  not  friendly  to  us.  They 
were  pleased  to  see  us  disconnected  with  Great  Britain. 
They  are  pleased  to  see  us  disunited  among  ourselves. 
If  we  continue  so,  how  easy  it  is  for  them  to  canton  us 
out  among  them,  as  they  did  the  kingdom  of  Poland. 
But,  supposing  this  is  not  done,  if  we  suffer  the  Union  to 
expire,  the  least  that  may  be  expected  is,  that  the  Euro- 
pean Powers  will  form  alliances,  some  with  one  state,  and 
some  with  another ;  and  thus  involve  us  in  all  the  laby- 
rinths of  European  politics.  But  I  do  not  wish  to  con- 
tinue the  painful  recital.  Enough  has  been  said  to  show, 
that  a  power  in  the  general  government  to  enforce  the 
decrees  of  the  Union  is  absolutely  necessary." 

Johnson  followed ;    and  with   a  flexile  countenance, 


jEt.  31.]  HAMILTON.  397 

full  of  feeling  and  benevolence,  in  deep,  subdued,  impas- 
sioned tones,  with  classic  elegance,  depicted  to  a  people, 
long  witnesses  of  his  virtues,  his  wisdom,  and  his  genius, 
the  melancholy  situation  of  the  country.  He  dwelt 
much  upon  the  defective  system  of  the  Confederation,  as 
leading  to  transgressions  by  the  States,  to  the  enforce- 
ment of  the  general  laws  by  arms,  to  civil  war,  to  foreign 
subjugation.  To  avoid  these  evils,  the  Convention,  he 
said,  "  have  gone  upon  entirely  new  ground.  They  have 
formed  one  new  nation  out  of  the  individual  States.  The 
Constitution  vests  in  the  general  legislature  a  power  to 
make  laws  in  matters  of  national  concern — to  appoint 
officers  to  carry  them  into  execution.  This  excludes  the 
idea  of  an  armed  force.  The  power  which  is  to  enforce 
these  laws  is  to  be  a  legal  power,  vested  in  proper  magis- 
trates. The  force  which  is  to  be  employed,  is  the  energy 
of  Law,  and  this  force  is  to  operate  only  upon  individuals 
who  fail  in  their  duty  to  their  country.  This  is  the  pecu- 
liar glory  of  the  Constitution,  that  it  depends  upon  the 
mild  and  equal  energy  of  the  magistracy  for  the  execu- 
tion of  the  laws Though  no  enthusiast,  I  cannot 

but  impute  it  to  a  signal  intervention  of  Divine  provi- 
deiice,  that  a  Convention  from  States,  differing  in  circum- 
stances, interests,  and  manners,  should  be  united  in  adopt- 
ing one  general  system.  If  we  reject  a  plan  of  govern- 
ment which,  with  such  favorable  circumstances,  is  offered 
for  our  acceptance,  I  fear  our  national  existence  must 
come  to  a  final  end." 

The  debate  of  the  ensuing  day  was  upon  the  powers 
of  the  Constitution — more  particularly  those  relating  to 
the  revenue.  These  were  defended  with  ability.  The 
provisions  which  conferred  upon  the  general  government 
a  control  of  the  impost,  and  which  left  the  other  powers 
of  taxation  concurrent  in  the  National  and  State  govern- 


398  THE   KEPUBLIO.  [1788. 

ments,  were  vindicated.  The  objection,  that  a  national 
impost  would  operate  in  favor  of  the  planting  States,  was 
repelled.  The  repartition  of  power  was  defended  on  the 
ground,  that  in  the  judiciary,  a  constitutional  check  was 
provided  to  correct  the  divergence  of  either  government 
from  its  proper  sphere  ;  that,  if  the  States  would  contend, 
no  constitutional  provisions  could  prevent  it ;  that  the 
choice  was  between  "  a  coercion  of  law  and  a  coercion  of 
arms."  "How,"  Ellsworth  inquired,  "have  the  morals 
of  the  people  been  depraved  for  the  want  of  an  efficient 
government,  which  might  establish  justice  and  righteous- 
ness. For  the  want  of  this,  iniquity  has  come  in  upon  us 
like  an  overflowing  flood.  If  we  wish  to  prevent  this 
alarming  evil — if  we  wish  to  protect  the  good  citizen  in 
his  right — we  must  lift  up  the  Standard  of  Justice ;  we 
must  establish  a  National  government,  to  be  enforced  by 
the  equal  decisions  of  law,  and  the  peaceable  arm  of  the 
magistrate." 

An  earnest  discussion  of  several  days  ensued,  in  which 
Roger  Sherman,  Huntington,  and  Oliver  Wolcott  were 
also  conspicuous.  "The  great  council  of  the  nation," 
Huntington  remarked,  "must  have  a  controlling  power 
with  respect  to  national  concerns.  There  is  at  present 
an  extreme  want  of  power  in  the  national  government ; 
and  it  is  my  opinion  that  this  Constitution  does  not  give 
too  much.  The  State  governments  will  not  be  endan- 
gered by  the  powers  vested  by  this  Constitution  in  the 
general  government."  "  It  is  founded,"  Wolcott  observed, 
"  upon  the  election  of  the  people.  This  is  all  the  security 
in  favor  of  liberty  that  can  be  expected, — the  necessary 
consent  of  the  people  ;  to  depart  from  the  present  system, 
or  to  modify  the  new  one.  It  eflfectually  secures  the 
States  in  their  several  rights.  It  must  secure  them  for 
its  own  sake,  for  they  are  the  pillars  which  uphold  the 


uEt.  31.]  HAMILTON".  399 

general  system.  The  Senate  will  secure  the  rights  of  the 
States,  the  other  branch  the  rights  of  the  people.  He 
utterly  condemned  the  imposition  of  a  test. 

The  Constitution  was  ratified  on  the  14th  of  January,  by 
a  vote  of  one  hundred  and  twenty-eight  to  forty  members. 
No  report  of  the  speeches  of  the  opposition  has  been  found, 
hence  there  are  no  means  of  stating  the  precise  grounds 
taken  by  it.  The  character  of  the  defence  shows  that 
jealousy  of  power  was  the  prominent  topic,  which  was 
aided  by  an  appeal  to  the  feelings  of  a  religious  people, 
that  the  Constitution  excluded  a  religious  test. 

While  the  course  of  events  was  thus  far  propitious, 
five  States  having  adopted  the  Constitution,  the  friends  of 
the  Union  looked  with  intense  anxiety  to  the  vote  of 
Massachusetts.  The  lead  she  had  taken  in  the  general 
politics  of  the  country,  her  influence  with  New  Hamp- 
shire, her  population,  her  talent,  and  her  wealth,  all  ren- 
dered her  adoption  of  the  Constitution,  of  primary  im- 
portance. 

The  origin  and  progress  of  this  colony  had  given  to 
its  inhabitants  a  marked  character.  Settled  in  sixteen 
hundred  and  twenty,  by  emigrants  from  the  western 
counties  of  England,  this  homogeneous  population,  flying 
from  religious  persecution,  took  refuge  in  the  Nether- 
lands. There,  small  in  numbers,  and  almost  without  re- 
sources, among  a  strange  people,  speaking  an  unknown 
tongue,  and  with  every  avenue  to  wealth  filled  by  an 
active  and  prosperous  community,  they  sojourned  for  a 
time.  In  exile,  and  with  little  hope,  they  saw  that  the 
riches  which  surrounded  them  had  grown  with  the  growth 
of  the  fisheries.  The  tidings  that  had  reached  them  were 
fast  confirmed  by  reports  of  the  abundance  of  fish  found 
on  the  coasts  of  America.  The  trading  world  was  all 
alive,  and  the  greater  part  of  the   Pilgrims,  moved  by 


400  THE   KEPUBLIO.  [1Y88. 

the  prevailing  impulse,*  resolved  to  seek  fortune  and  re- 
ligious independence  on  the  shores  of  this  far  distant  con- 
tinent. The  consent  of  the  English  monarch  was  ob- 
tained, and  hither  came  the  progenitors  of  the  chief  col- 
ony of  New  England. 

"  Fishing  places  "  were  occupied,  with  block-houses  in 
the  rear,  to  protect  them  from  the  Indians ;  and  villages 
arose,  amid  famine  and  disaster,  along  the  margin  of  the 
sea.  All  the  institutions  of  these  nascent  communities, 
manifested  the  spirit  and  the  influences  which  begat  them. 
Nature,  in  her  severity,  co-operated.  •  For  nearly  half  a 
century,  the  interior  remained  a  forbidding  wilderness 
When  penetrated,  the  uneven  surface  of  a  rugged  soil 
parted  by  successive  hills,  sometimes  rising  into  moun 
tains — swept  by  the  churlish  winds  of  an  austere  climate 
compelled  a  toilsome  industry,  confined  to  limited  posses 
sions,  and  rewarded  with  limited  returns ;  still  prompting 
enterprise  to  look  beyond  the  land  for  .labors  and  for 
harvests. 

These  little  settlements,  early  made  compact  by  a 
sense  of  insecurity,  each  found,  in  its  ecclesiastical  poHty, 
an  eflfective  bond, — the  erection  of  independent  churches, 
around  which  they  clustered  with  fond  attraction. 

Towns  then  sprang  up — each  complete  in  its  munici- 
pal organization;  each,  the  source  of  political  power; 
and  each,  in  its  town  meeting,  expressing  the  direct  popu- 
lar opinion-f — all  of  equal  political  rank — all  represented 
in  a  General  Court  or  Assembly,  with  this  only  difference, 
that  the  representation  of  each,  beyond  the  lowest  limit, 

*  Report  on  the  Fisheries,  by  Lorenzo  Sabine,  1852. 

t  The  potency  of  these  town  meetings  is  shown  by  the  act  of  Parliament 
(1774)  for  the  better  regulating  the  province  of  Massachusetts  Bay,  providing 
that  no  special  meeting  of  the  towns  be  held  without  the  consent  of  the  Governor, 
wlio  was  appointed  by  the  Crown. 


^T.  31.]  HAMILTON.  401 

was  in  the  ratio  of  its  numbers.  These  representatives, 
though  annually  chosen  by  freemen,  were  subject  to  the 
instructions  of  their  constituency — a  right  subsequently 
expressly  reserved,  and  sanctioned  by  the  State  Consti- 
tution. By  this  Assembly  were  chosen,  the  Assistants,  the 
Governor,  and  his  Deputy.  A  representative  government 
was  thus  organized — rising  little  above  a  pure  democracy, 
dependent  for  its  success  on  the  temper  of  a  people 
doomed  to  become  intensely  democratic. 

Its  laws  were  such  as  would  express  and  maintain 
their  equal  condition.  To  fit  them  for  the  Sovereignty 
they  were  to  exercise,  education  was  not  merely  provided 
for,  but  compelled*  to  the  indwellers  of  the  humblest 
abodes.  Justice,  in  its  simplest  form,  was  brought  to 
every  door.  "  Bond,  slavery,  villeinage,  and  captivity," 
were  excluded,  "  except  of  lawful  captives  in  just  wars." 
"  The  heinous  crime  of  man-stealing  "  was  denounced  and 
prohibited.!  This  equality  was  secured  by  the  abroga- 
tion, in  the  infancy  of  the  Province,^of  the  Enghsh  rule 
of  primogeniture,  subjecting  the  distribution  of  intestate 
estates,  in  part,  to  the  equity  of  Courts  ;  but  securing,  be- 
yond a  double  portion  to  the  eldest  son,  an  equal  share  to 
every  male. J  The  aggregation  cfF  land  in  large  masses 
was  thereby  legally  precluded,  and  a  sure  basis  laid  for 
republican  institutions.  Their  defence  was  intrusted  to  a 
military  array — enforced  by  law,  of  all  those  able  to 
serve — this  militia  choosing  their  own  officers ;  trained  to 
prompt  obedience  on  quick  emergencies  ;  sometimes  call- 
ing themselves  the  "  Minute  Men  "  of  Massachusetts.  All 
the  necessities  of  their  social  condition  were  met  with  the 
least  surrender  of  individual  rights,  and  a  people  grew 
up — strenuous  and  resolute — acute   and  self-confident — 

*  Colonial  act  of  1671.  t  Colonial  acts  of  1646-1670.  X  1641. 

Vol.  IV.— 26 


402  THE   KEPUBLIC.  [1788. 

full  of  resource — averse  to  control — jealous  of  power — 
born  to  empire. 

On  their  character  the  ecclesiastical  polity  also  exerted 
an  important  influence.  Their  separate  and  Independent 
Churches  were  claimed  to  be  the  only  true  method,  in 
conformity  with  the  primitive  system  of  Gospel  Govern- 
ment— rejecting  Church  tyranny  and  State  intrusion — 
upholding  the  fear  of  God  above  the  fear  of  man.  To 
insure  this  Church  independence,  the  political  right  of 
suffrage  was  early  confined  to  Church  members,*  obliged 
to  support  their  clergy  by  town  rates,f  and  protected 
from  all  taint  of  opinion  by  laws  subjecting  the  heretic  to 
banishment  or  death.  Thus  was  denied,  that  freedom  of 
conscience,  to  enjoy  which,  had,  in  part,  brought  the  Puri- 
tans, amid  storm  and  tempest,  over  unknown  seas,  from 
their  far,  pleasant  homes.  Nor  was  this  all.  By  a  peo- 
ple who  felt  in  their  superior  enlightenment  their  chiefest 
strength,  the  dangers  of  false  opinion  were  prevented  by 
a  restriction,  that  no^rinting  be  done,  and  no  press  estab- 
lished, but  with  the  permission  of  legal  approvers,J  and 
this  nearly  at  the  time  when  "  the  profits  of  the  fisheries 
were  granted  to  found  a  free  school." 

These  things  show  tlie  dominant  influence,  for  from  the 
political  representation,  the  "  Minister  "  was  not  excluded. 
He  was  not  merely  the  spiritual  guide,  but  the  counsellor 
in  all  their  counsels.  At  the  town  meetings,  his  voice  was 
heard.  In  the  General  Court,  his  voice  was  heard ;  the 
more  potent,  as  he  could  denounce  whom  he  did  not  per- 
suade. Rarely  seen  on  the  battle-field,  but  always  en- 
couraging resistance  to  oppression,  and  boldly  vindicating 
the  policy  he  advised — not  the  less  jealous  of  power  be- 
cause his  own  was  almost  absolute — nor  less  awake  to  its 

*  1631.  t  1654.  t  1662. 


JilT.  31.]  HAMILTOjNT.  403 

aggressions,  as  he  was  an  intelligent  partner  in  the  in- 
terests he  defended.*  In  such  a  state  of  things  it  would 
not  surprise,  if  a  sense  of  superiority — some  exclusive- 
ness — some  narrowness  were  among  the  traits  of  this 
young  commonwealth,  laced  too  tightly  by  the  bands  of 
a  zeal,  always  at  work,  often  fanatical.  The  substitution 
of  a  royal  government,  under  which  the  Governor  and 
Lieutenant  Governor  were  appointed  by  the  Crown,  only 
gave  strength  to  the  popular  sentiment  of  this  Colony,  in 
presenting  to  it  an  object  of  distrust.  The  vigilance  of 
liberty,  ever  awake  in  her  interior  policy,  was  the  more 
shown  when  she  was  called  to  act  in  a  larger  sphere. 
Common  dangers  usually  demand  common  exertions  and 
common  sacrifices — and  of  all  the  exertions  of  courage 
or  of  endurance,  and  of  all  the  sacrifices  of  blood  or 
treasure,  none  could  have  been  more  prodigal,  in  every 
instance,  than  were  the  inhabitants  of  Massachusetts  Bay. 
But  as  to  imparting  essential  power,  or  admitting  exter- 
nal control,  none  could  have  been  more  fastidious.  In 
every  association  of  the  New  England  Colonies  for  mu- 
tual defence  and  quiet,  this  was  seen.  Authority  to  coun- 
sel— to  deliberate — to  propose — was  freely  given  ;  but 
the  power  of  execution  was  always  carefully  reserved. 
And  so  it  was  amidst  all  the  arduous  struggles — the  mena- 
cing perils — the  urgent  responsibilities,  and  the  immense 
objects  of  the  American  Revolution.  The  Articles  of 
Confederation  were  essentially  the  production  of  Massa- 
chusetts^— at  least,  from  her  proceeded  most  of  the  re- 
strictive provisions  it  was  a  principal  object  of  the  Fed- 
eral Constitution  to  remove.     To  sustain,  in  full  force,  the 

*  William  Blackstone,  the  first  inhabitant  of  Shawmut  (now  Boston),  be- 
ing solicited  to  remain  and  unite  with  the  early  Colony,  is  related  to  have  re- 
plied :  "  I  came  from  England,  because  I  did  not  like  the  Lord  Bishops,  but  I 
cannot  join  with  you,  because  I  would  not  be  under  the  Lord  Brethren^ 


404  THE   REPUBLIC.  [1788. 

Sovereignty  of  the  State,  had  been  preferred  as  their 
pecuhar  merit  by  the  authors  of  those  restrictions.  The 
Congress  of  the  United  States  had  been,  by  many  of  them, 
regarded  as  a  foreign  government — to  be  endured,  not 
cherished ;  and  every  effort  to  invigorate  it  had  been 
charged  with  the  intention,  open  or  occult,  to  sap  the 
foundations  of  hberty.  With  these  incentives  to  opposi- 
tion were  mingled  the  hostility  of  the  favorers  of  paper 
money  and  tender  laws — that  of  the  recent  insurgent  fol- 
lowers of  the  ignorant  and  illiterate  Shays,  seeking  an 
extinction  of  debts  ;  and  the  inclinations  of  the  occupants 
of  Maine,  a  hardy  border  population,  many  of  them, 
without  pretence  of  title,  looking  anxiously  to  the  organi- 
zation of  that  Province,  as  an  Independent  State. 

With  political  thus  were  united  personal  motives  to 
oppose  a  Constitution,  whose  office  it  was,  to  hmit  and 
subordinate  the  powers  of  the  States ;  to  refine  and  pro- 
long the  existence  of  the  representative  bodies ;  to  raise 
the  Government  above  the  first  influences  of  popular 
feeling  ;  to  combine  vigor  with  deliberation,  stability  with 
energy ;  to  enforce  justice ;  and  to  assert  and  maintain 
the  rights  of  this  young  American  Nation  among  the 
elder  nations  of  the  world.  Of  the  party  especially 
wedded  to  State  influence,  the  more  conspicuous  members 
were  John  Hancock,  Samuel  Adams,  and  Elbridge  Gerry 
— sustained  by  Bishop,  Nasson,  Taylor,  and  Widgery,  al- 
most forgotten  names.  As  a  counterpoise  to  these  strong 
influences,  were  the  strobg  attachment  to  the  Union,  of  a 
people,  who  had  been  most  instrumental  in  establishing 
it ;  a  wise  sense  of  the  necessity  of  an  efficient  General 
Government,  whether  to  preserve  the  ascendency  of  the 
law  and  to  insure  internal  quiet,  or  to  protect  and  de- 
velop the  great  sources  of  their  wealth,  and  to  elevate 
and  uphold  the  National  dignity  and  honor,  chief  objects 


^T  81.]  HAMILTOIT.  405 

of  that  love  of  Country,  which,  proceeding  from,  enlarges 
and  purifies  local  affections. 

The  individuals,  who  were  actuated  by  these  noble 
motives,  were  the  friends  of  the  Constitution.  At  their 
head,  was  a  highly  intelligent  mercantile  class,  supported 
by  all  that  was  dignified,  and  virtuous,  and  learned  in  the 
profession  of  the  Law ;  by  the  great  body  of  the  clergy ; 
by  Generals  Lincoln,  Brooks,  and  most  of  the  officers  of 
the  Massachusetts  line.  The  enlightened,  persevering  ex- 
ertions of  Governor  Bowdoin  were  aided  by  men  of  whom 
he  was  justly  proud,  as  coadjutors — by  the  practical  and 
enlarged,  prospective  wisdom  of  Cabot  ;  the  unerring 
sagacity  of  Higginson  ;  the  vigorous  intellect  of  Par- 
sons ;  the  determined  w^ill  and  strong  common  sense  of 
Sedgwick  ;  the  acute  and  cultivated  mind  of  Gore  ;  the 
fervid  superior  genius  of  Fisher  Ames. 

It  has  been  seen,  that  the  question  of  a  Convention, 
had  been  the  source  of  much  difference  of  opinion  in  the 
Legislature  of  this  State  ;  that  it  had  only  been  assented 
to,  when  recommended  by  Congress  ;  and,  after  the  mani- 
festation of  a  determined  purpose,  in  the  most  distin- 
guished men  of  the  country,  to  reorganize  the  Govern- 
ment. 

Of  the  five  delegates  appointed  to  the  General  Con- 
vention, Dana  did  not  take  his  seat.  Gorham,  King,  and 
Strong,  sacrificing,  in  the  organization  of  the  Senate,  what 
they  justly  deemed  the  due  influence  of  their  State,  signed 
the  Constitution.  Gerry  refused  his  assent,  "  declaring 
that  he  should  consider  himself  a  traitor  to  his  country, 
if  he  did  not  oppose  the  system  there,  and  also  when  he 
left  the  Convention."*  He  addressed  a  letter  to  the  Gen- 
eral Court  of  his  State,  assigning  his  objections,  which 

*  Defence  of  Mr.  Gerry,  by  Luther  Martin,  in  Maryland  Gazette,  of  Janu- 
ary 13th,  1788.     New  York  Journal,  February  6th,  1788 


406  THE  KEPUBLIO.  [1788. 

extended  to  the  legislative,  executive,  and  judicial  de- 
partments— to  the  Treaty-making  power — to  the  want 
of  a  bill  of  Rights  ;  alleging,  that  the  Convention  had  ex- 
ceeded their  powers ;  and  urging  previous  amendments, 
on  the  ground  that  the  effect  of  the  plan  would  be  to 
merge  the  Federal  and  State  Governments  in  a  National 
Constitution.  This  letter  was  written  from  New  York  ; 
was  submitted  to  the  Legislature  of  Massachusetts,  a  few 
days  before  it  decided  to  call  a  State  Convention  ;  and 
was  read  by  the  people  with  avidity.  To  render  its  re- 
jection certain,  it  was  proposed  in  the  Legislature,  that 
the  Constitution  should  be  considered  in  Town  meetings — a 
proposition  founded  upon  the  allegation,  that  their  pover- 
ty prevented  their  sending  delegates  to  a  State  Conven- 
tion— and  only  defeated  by  a  resolution  to  pay  them  from 
the  Treasury  of  the  State.  The  elections  for  delegates 
to  this  Convention  were  conducted  with  great  warmth, 
many  of  the  members  were  chosen  under  instructions  to 
reject  the  Constitution.  Two-thirds  were,  at  one  period, 
believed  to  be  hostile  to  its  adoption. 

Amid  these  unpropitious  circumstances,  the  State 
Convention  met  at  Boston,  on  the  ninth  of  January. 
Hancock  was  chosen  President,  Cushing,  Vice  President. 
At  the  inception  of  their  proceedings,  indications  were 
given  of  the  determined  temper  of  the  opposition. 
The  resolve,  under  which  the  delegates  to  the  General 
Convention  were  appointed,  was  read,  thus  bringing  be- 
fore the  House  the  question  of  their  powers.  Gerry  was, 
in  the  next  place,  by  a  large  vote,  though  not  a  member, 
invited  to  a  seat  in  the  Convention,  to  answer  such  ques- 
tions of  facts  as  might  be  submitted  to  him.  The  mode 
of  proceeding,  it  was  early  seen,  would  have  an  important 
bearing  on  the  result.  The  opponents  of  the  new  system 
had  resolved  to  embarrass  the  deliberations  of  each  State 


^T.  31.]  HAMILTON.  407 

by  the  suggestion  of  previous  amendments.  This  scheme 
originated  in  New  York,  and  was  zealously  defended  by 
its  press.  The  advocates  of  the  Constitution  resolved,  if 
possible,  to  defeat  this  policy  ;  and  succeeded  in  a  motion, 
by  Caleb  Strong,  to  discuss  it  by  paragraphs,  intending 
to  defer  a  division  of  the  House,  until  a  majority  could  be 
ascertained. 

The  debate  commenced  with  an  inquiry  by  Samuel 
Adams,  whose  previous  course,  and  present  reserve,  justi- 
fied apprehensions  of  his  hostility,  why  the  alteration  of 
elections  in  the  choice  of  Representatives  to  Congress, 
from  annual  to  biennial,  was  proposed  ?  The  reduction 
of  the  Congressional  term  to  two  years  had  been  a  com- 
promise with  the  prejudices  of  the  Eastern  States,  Not- 
withstanding this  circumstance  was  disclosed  to  the  Con- 
vention, the  opponents  of  the  Constitution  deemed  the 
biennial  duration  a  strong  ground  of  appeal  to  State 
feelings,  and  directed  all  their  efforts  to  preoccupy  the 
popular  prejudices. 

They  seem  to  have  been  unmindful  of  the  important 
fact,  that  while,  both  in  Great  Britain  and  in  America,  the 
extent  of  the  legislative  term  could  hitherto  be  en- 
larged or  abridged  by  law,  the  biennial  existence  of  Con- 
gress was  fixed  by  the  Constitution.  Sedgwick  first 
took  the  floor  in  behalf  of  the  new  system,  exhibiting  the 
ardent  determination  of  his  character,  denying  earnestly 
the  allegations  of  the  opposition.  After  many  desultory 
observations  by  the  adverse  party,  Fisher  Ames  arose 
and,  having  commented  upon  the  distinctions  between  a 
pure  and  a  representative  democracy,  and  upon  the  dif- 
ferent objects  of  National  and  State  legislation,  observed, 
"  Biennial  elections  appear  to  me  an  essential  security  to 
Liberty.  These  are  my  reasons :  Faction  and  enthusiasm 
are  the  instruments  by  which  popular  governments  are 


408  THE   REPUBLIC.  [1788. 

destroyed.  We  need  not  talk  of  the  power  of  an  aris- 
tocracy. The  people,  when  they  lose  their  liberties,  are 
cheated  out  of  them.  They  nourish  factions  in  their 
bosoms,  which  will  subsist  so  long  as  amusing  their  hon- 
est credulity  shall  be  the  means  of  acquiring  power. 

"  A  democracy  is  a  volcano,  which  conceals  the  fiery 
materials  of  its  own  destruction.  These  will  produce  an 
eruption,  and  carry  desolation  in  their  way.  The  people  al- 
ways mean  right,  and  if  time  is  allowed  for  reflection  and 
information,  they  will  do  right.  I  would  not  have  the 
first  wish,  the  momentary  impulse  of  the  pubhc  mind,  be- 
come law ;  for  it  is  not  always  the  sense  o#  the  people, 
with  whom,  I  admit,  all  power  resides.  On  great  ques- 
tions, we  first  hear  the  loud  clamors  of  passion,  artifice, 
and  faction.  I  consider  biennial  elections  as  a  security 
that  the  sober,  second  thought  of  the  people  shall  be  law. 
There  is  a  calm  review  of  public  transactions,  which  is 
made  by  the  citizens  who  have  families  and  children,  the 
pledges  of  their  fidelity.  To  provide  for  popular  liberty, 
we  must  take  care  that  measures  shall  not  be  adopted 
without  due  deliberation.  The  member  chosen  for  two 
years  will  feel  some  independence  in  his  seat.  The  fac- 
tions of  the  day  will  expire  before  the  end  of  his  term. 

"  The  people  will  be  proportionably  attentive  to  the 
merits  of  a  candidate.  Two  years  will  afford  opportunity 
to  the  member  to  deserve  well  of  them ;  and  they  will 
require  evidence  that  he  has  done  it.  But  the  represent- 
atives are  the  grand  inquisition  of  the  Union.  They  are, 
by  impeachment,  to  bring  great  oflfenders  to  justice.  One 
year  will  not  suffice  to  detect  guilt,  and  to  pursue  it  to 
conviction.  Therefore  they  will  escape.  The  balance  of 
the  two  branches  will  be  destroyed,  and  the  people  be 
oppressed  with  impunity.  The  Senators  will  represent 
the  sovereignty  of  the  States.     The  Representatives  are 


JEt.  31.]  HAMILTON".  409 

to  represent  the  people.  The  officers  ought  to  bear  some 
proportion  in  point  of  importance.  This  will  be  impossi- 
ble, if  they  are  chosen  for  one  year  only. 

"  Will  the  people  blind  the  eyes  of  their  own  watch- 
men ?  Will  they  bind  the  hands  which  are  to  hold  the 
sword  for  their  defence  ?  Will  they  impair  their  own 
power,  by  an  unreasonable  jealousy  of  themselves  ?" 

The  advocates  of  annual  elections  urged  in  their  de- 
fence, the  greater  dependence  on  the  people, — "  that  an- 
nual elections  had  been  the  practice  of  the  State  since  its 
settlement ;  that  they  had  been  considered  as  the  safe- 
guard of  their  liberties  :  and  the  annihilation  of  them  was 
the  avenue  through  which  Tyranny  will  enter.  By  the 
articles  of  Confederation,  annual  elections  are  provided 
for,  though  we  have  additional  securities  in  a  right  to  re- 
call any  or  all  of  our  members  of  Congress,  and  a  provi- 
sion for  rotation.  In  the  proposed  Constitution,  we  have 
no  right  to  recall  our  delegates."  These  objections  were 
combated  by  Bowdoin,  Brooks,  Gore,  and  King. 

The  latter,  after  reviewing  the  imperfect  representa- 
tion of  other  countries,  from  the  experience  of  which,  he 
said,  history  could  afford  little  or  no  instruction,  observed 
that  the  question  must  be  determined  upon  its  own  prin- 
ciples. "  It  seems  proper,  that  the  Representative  should 
be  in  office  time  enough  to  acquire  that  information  which 
is  necessary  to  form  a  right  judgment,  but  that  the  time 
should  not  be  so  long  as  to  remove  from  his  mind  the 
powerful  check  upon  his  conduct,  that  arises  from  the 
frequency  of  elections,  whereby  the  people  are  enabled 
to  remove  an  unfaithful  representative,  or  to  continue  a 
faithful  one. 

"  If  the  question  is  examined  by  this  standard,  perhaps 
it  will  appear,  that  an  election  for  two  years  is  short 
enough  for  a  Representative  in  Congress.     If  one  year 


410  THE    REPUBLIC.  [1788. 

is  necessary  for  a  Representative  to  be  useful  in  the  State 
Legislature,  where  the  objects  of  his  deliberations  are  lo- 
cal, and  within  his  constant  obsei:vation,  two  years  do  not 
appear  too  long,  where  the  objects  of  deliberation  are  not 
confined  to  one  State,  but  extend  to  Thirteen  States ; 
where  the  complicated  interests  of  United  America  are 
mingled  with  those  of  foreign  nations,  and  where  the 
great  duties  of  National  Sovereignty  will  require  his 
constant  attention."  He  closed  with  a  denial  of  the  as- 
sertion, that  Massachusetts  had  evinced  a  uniform  pre- 
dilection for  annual  elections,  she  having  instructed  her 
Commissioners,  under  the  New  England  Confederacy,  to 
propose  an  extension  of  their  term  from  one  to  three 
years.  As  to  a  suggestion  of  the  expediency  of  a  quali- 
fication of  property  in  a  Representative,  he  remarked, 
that,  "  he  never  knew  that  property  was  an  index  to  abili- 
ties. We  often  see  men,  who,  though  destitute  of  prop- 
erty, are  superior  in  knowledge  and  rectitude.  The  men 
who  have  most  injured  the  country  have  most  commonly 
been  rich  men."  ^  "  Those,"  he  repeated,  "  who  have 
ruined  the  liberties  of  their  country  have  been  generally 
rich."  Nor  did  he  approve  of  a  disqualification  of  age ; 
life  depending  in  a  great  measure  on  climate.  He  vin- 
dicated the  provision  which  included  three-fifths  of  the 
slaves  in  fixing  the  ratio  of  representation. 

The  next  question,  in  discussion,  was,  the  conferring 
upon  Congress  the  power  of  regulating  the  time  of  elect- 
ing the  House  of  Representatives. 

This  had  been  a  theme  of  much  declamation.     The 

*  The  few  letters  of  King  to  Madison,  of  this  period,  are  of  interest.  He 
•wrote  January  20th,  1788,  "An  apprehension  that  the  liberties  of  the  people 
are  in  danger,  and  a  distrust  of  men  of  property,  or  education,  have  a  more 
powerful  effect  on  the  minds  of  our  opponents  than  any  specific  ohjections 
against  the  Constitution." 


^T.  31.j  HAMILTON.  411 

• 
objections  were  met  by  Strong,  sustained  by  a  few  con- 
cise observations  from  Cabot,  of  Beverly.  George  Cabot 
was  one  of  those  rare  men,  who,  without  ambition,  with- 
out effort,  almost  without  the  consciousness  of  admitted 
superiority,  control,  and  become  the  oracles  of  commu- 
nities— whose  motives  are  never  asked,  and,  whose  opin- 
ions, when  they  are  themselves  withdrawn,  exert  a  last- 
ing traditionary  influence — who  shine  with  a  light  so 
bland  and  pure,  that  every  mind  on  which  it  falls  seems 
content  to  reflect  its  excellent  virtue.  "  I  am,"  said  Ca- 
bot, "  one  of  the  people.  Such  I  shall  continue,  and  with 
their  feelings  I  hold,  that  the  right  of  electing  persons  to 
represent  the  people  in  the  Federal  Government,  is  an  im- 
portant and  sacred  right.  I  confess,  that  I  prize  this  sec- 
tion as  highly  as  any  in  the  Constitution ;  because  I  con- 
sider the  democratic  branch  of  the  National  Government, 
the  branch  chosen  immediately  by  the  people,  as  intended 
to  be  a  check  on  the  Federal  branch,  which  latter  is  not 
an  immediate  representation  of  the  people  of  America, 
and  is  not  chosen  by  them  ;  but  is  a  representation  of  the 
Sovereignty  of  the  individual  States,  delegated  by  the 
several  State  Legislatures.  If  the  State  Legislatures  are 
suffered  to  regulate,  conclusively,  the  elections  of  the 
democratic  branch,  they  may,  by  such  an  interference, 
first  weaken,  and,  at  last,  destroy  that  check — they  may  at 
first  diminish,  and  finally  annihilate  that  control  of  the 
General  Government,  which  the  people  ought  always  to 
have  through  their  immediate  Representatives.  As  one 
of  the  people,  therefore,  I  repeat,  that,  in  my  mind,  the 
fourth  section  is  to  be  as  highly  prized  as  any  in  the 
Constitution."  These  views  were  sustained,  and  enlarged 
upon,  with  masterly  vigor,  by  Chief  Justice  Parsons.  The 
question  as  to  the  inclusion  of  blacks  in  the  ratio  of  rep- 
resentatives, a  topic,  since,  of  great  interest,  was  next 


412  THE   EEPUBLIO.  [1788.  - 

discussed.  But  the  feature,  in  the  structure  of  the  Gov- 
ernment, most  objected  to,  was  the  duration  of  the  Sen- 
ate. The  argument  which  made  most  impression,  was, 
that  this  would  produce  a  consolidation  of  the  States. 
Ames  defended  it.  "The  State  Governments,"  he  ob- 
served, "  are  essential  parts  of  the  system,  and  the  defence 
of  this  article  is  drawn  from  its  tendency  to  their  preser- 
vation. The  Senators  represent  the  Sovereignty  of  the 
States;  in  the  other  house.  Individuals  are  represented. 
They  are  in  the  quality  of  Ambassadors  of  the  States, 
and  it  will  not  be  denied,  some  permanency  in  their  office 
is  necessary  to  a  discharge  of  their  duty.  If  chosen  an- 
nually, how  could  they  perform  their  trust?  If  thus 
brought  more  immediately  under  the  influence  of  the  peo- 
ple, they  will  represent  the  Legislatures  less.  If  chosen 
by  the  people,  at  large,  they  would  represent  not  the  Le- 
gislatures, but  the  people.  This  would  totally  obliterate 
the  Federal  features  of  the  Constitution.  A  consolida- 
tion of  the  States  would  ensue,  for  who  would  defend 
them  against  the  encroachments  of  the  Federal  Govern- 
ment? The  State  Governments  are  the  safeguard  and 
ornament  of  the  Constitution.  They  will  protract  the 
period  of  our  liberties.  They  will  afford  a  shelter  against 
the  abuse  of  power,  and  will  be  the  natural  avengers  of 
our  violated  rights.  The  retirement,  every  two  years,  of 
a  third  part  of  the  Senate,  is  an  effectual  check.  It  will 
admonish  of  the  responsibility  to  the  State  Legislatures. 
It  will  infuse,  periodically,  the  sentiments  of  the  States. 
The  Government  will  then  be  in  practice,  as  in  theory,  a 
Federal  Republic." 

King  remarked :  As  the  Senate  preserved  the  equal- 
ity of  the  States,  their  appointment  is  equal.  To  the 
objection,  that  it  was  to  be  chosen  for  too  long  a  period, 
he  observed :  "  If  the  principle  of  classing  them  is  con- 


^T.  81.]  HAMILTON.  413 

sidered,  although  it  appears  long,  it  will  not  be  found  so 
long  as  it  appears.  The  average  is  four  years.  The 
Senators  will  have  a  powerful  check  in  those  men  who 
wish  their  seats,  who  will  watch  their  whole  conduct  in 
the  General  Government,  and  will  give  the  alarm  in  case 
of  misbehavior ;  and  the  State  Legislatures,  if  they  find 
their  delegates  erring,  can,  and  will  instruct  them.  Will 
not  this  be  a  check  ?  When  they  hear  the  voice  of  the 
people  solemnly  dictating  to  them  their  duty,  they  will 
be  bold  men,  indeed,  to  act  contrary  to  it.  These  will 
not  be  instructions  sent  them,  in  a  private  letter,  which 
can  be  put  in  their  pockets.  They  will  be  public  instruc- 
tions, which  all  the  country  will  see,  and  they  will  be 
hardy  men,  indeed,  to  violate  them.  The  power  to  con- 
trol the  Senate,  is  as  great  as  ever  was  enjoyed  in  any 
Government ;  and,  therefore,  its  duration  will  not  be  too 
great.  They  are  to  assist  the  Executive  in  the  designa- 
tion and  appointment  of  officers,  and  they  ought  to  have 
time  to  mature  their  judgments.  If  elected  for  a  shorter 
period,  how  can  they  be  acquainted  with  the  rights  and 
interests  of  Nations,  so  as  to  form  advantageous  treaties  ? 
To  understand  these  rights,  is  the  business  of  education. 
Their  business  being  naturally  different,  and  more  exten- 
sive than  that  of  the  other  branch,  they  ought  to  have 
different  qualifications,  and  their  duration  is  not  too  long 
for  a  right  discharge  of  their  duties."  * 

*  During  the  examination  of  tlie  institution  of  the  Senate,  Gerry,  who 
had  reported  the  Compromise,  was  appealed  to.  It  had  been  believed,  that, 
"  under  the  idea  of  stating  facts,"  it  was  intended,  he  should  "  state  his  rea- 
sons." The  friends  of  the  Constitution  determined  to  oppose  this  irregularity ; 
and,  on  the  appeal  being  made,  an  objection  was  taken  by  Gore,  which  was 
sustained  by  a  vehement  animadversion  on  the  part  of  Judge  Dana.  The 
feeling  manifested,  determined  Gerry  to  discontinue  his  attendance.  On  his 
withdrawing,  it  is  stated,  that  he  and  Dana  were  each  attended  to  their  resi- 


414  THE  EEPUBLIO.  [1788. 

The  discussion  of  the  Powers  of  the  Constitution 
took  a  wide  range.  It  will  be  remarked,  that,  after  an 
able  exposition  of  the  necessity  of  possessing  all  the 
powers  conferred  upon  it  in  relation  to  commerce,  and 
the  exclusive  enjoyment  of  the  coasting  trade,  the  di- 
rect protection  of  manufactures  was  held  forth,  as  one 
of  the  great  duties,  and  the  most  important  benefits  of  a 
National  Government. 

The  instrument  of  such  protection,  the  power  of  levy- 
ing and  collecting  taxes,  was  deprecated  in  all  its  extent, 
as  destroying  the  sovereignty  of  the  States.  Sedgwick 
replied,  declaring  that  all  the  sources  of  revenue  ought  to 
be  in  the  hands  of  the  government  who  were  to  protect 
us ;  and  that  the  powers  to  effect  this  had  always  neces- 
sarily been  unlimited.  Congress  would  exert  those  easi- 
est to  the  people — an  impost  first,  then  an  excise  ;  last,  a 
direct  tax,  as  being  difficult  and  uncertain.  But,  in  case 
of  war,  it  would  be  the  only  resource.  As  the  exercise 
of  the  power  of  taxation  had  been  not  only  a  frequent 
subject  of  jealousy  in  this  State,  but  had  recently  dis- 
turbed its  peace,  it  was  the  more  important  to  vindicate 
that  conferred  upon  the  general  government,  in  all  its 
bearings.  Gore  having  ably  enlarged  upon  the  views  of 
Sedgwick,  was  followed  by  Choate.  "  It  was,"  he  ob- 
served, "  the  power  of  the  people  concentred  to  a  point. 
As  all  power  is  lodged  in  them,  it  ought  to  be  supreme. 
Not  only  was  it  a  power  necessary  to  the  common  de- 
fence, but  of  advantage,  in  forming  commercial  treaties. 
As  to  our  defence,  the  power  of  credit,  of  anticipat- 
ing  our  resources,  is  essential.      Were  these  resources 

dences  by  their  respective  partisans.  After  his  retirement,  Gerry  addressed  a 
letter  to  the  Convention,  evidently  written  under  a  sense  of  the  indignity  of 
which  he  complained.     See  also  King  to  Madison. 


i£T.  81.]  HAMILTON.  415 

competent  and  well  established,  could  there  be  any 
doubt,  individuals  would  offer  their  property  cheerfully 
for  such  an  object?"  Bowdoin  took  a  masterly  view 
of  the  tendency  of  the  Constitution — of  its  checks  and 
cautions — appealing  strongly  to  the  past  history  and  pres- 
ent condition  of  the  country,  as  evincing  the  necessity  of 
a  general  pervading  power  of  commercial  regulation — a 
power  which,  as  it  would  affect  all,  would  not  be  injuri- 
ously exerted.  "  The  whole  Constitution,"  he  remarked, 
"  is  a  declaration  of  rights — which,  primarily  and  princi- 
pally, respect  the  general  government  intended  to  be 
formed  by  it.  The  rights  of  particular  States,  or  private 
citizens,  not  being  the  object  or  subject  of  the  Constitu- 
tion, they  are  only  incidentally  mentioned.  In  consider- 
ing the  Constitution,  we  shall  consider  it,  in  all  its  parts, 
upon  those  general  principles  which  operate  through  the 
whole  of  it,  and  are  equivalent  to  the  most  extensive  bill 
of  rights  that  can  be  formed."  "If,"  he  said,  "the  Con- 
stitution should  be  finally  accepted  and  established,  it 
will  complete  the  temple  of  American  liberty  ;  and,  like 
the  Keystone  of  a  grand  magnificent  arch,  be  the  bond  of 
Union  to  keep  all  the  parts  firm  and  compacted  together. 
May  this  temple,  sacred  to  liberty  and  virtue,  sacred  to 
justice,  the  'first  and  greatest  political  virtue — and  built 
upon  the  broad  and  solid  foundation  of  perfect  Union,  be 
dissoluble  only  by  the  dissolution  of  nature ;  and  may 
this  Convention  have  the  honor  of  erecting  one  of  its  pil- 
lars on  that  lasting  foundation."  This  important  discus- 
sion was  closed  by  Parsons,  in  his  strong  didactic  style, 
adding  weight  to  his  arguments  by  the  great  weight  of 
his  rising  reputation. 

In  the  course  of  these  debates,  the  friends  of  the  Con- 
stitution had,  in  the  minds  of  an  inteUigent  body  of  prac- 
tical men,  a  marked   advantage,  and   were   manifestly 


4:16  THE  REPUBLIC.  ^    [1788. 

gaining  the  confidence  of  the  House.  State  jealousy  was 
again  appealed  to.  An  amendment  of  the  Confederation 
was  the  true  course.  The  Constitution  was  a  new  crea- 
ture. Its  formation  was  unconstitutional.  Let  us  ad- 
journ for  five  or  six  months,  and  wait  the  decision  of 
other  States.  This  suggestion  was  heard  in  silence.  It 
was  not  the  wont  of  Massachusetts  to  wait  the  decision 
of  others.  The  opposition  now  proposed  to  abandon  the 
discussion  of  it  by  paragraphs,  and  to  consider  it  at  large. 
This  proposition  was  met  and  defeated.  A  desultory  de- 
bate followed,  in  which  the  provision  for  the  importation 
of  slaves  was  earnestly  objected  to. 

The  argument  on  the  judiciary  department  gave  rise  to 
a  vehement  conflict.  It  was  urged  as  to  its  criminal  jurisdic- 
tion— that  under  it  the  power  of  filing  informations  without 
indictment  might  be  exercised  ;  that  no  qualifications  were 
defined  as  to  the  juries,  who  might  be  chosen  by  districts, 
appointed  by  the  sheriflfs  during  good  behavior,  or  for  a 
shorter  term.  "  Thus,  judicatories  might  be  instituted 
little  less  inauspicious  than  the  inquisition.  Congress 
might  impose  whatever  punishments  they  chose  to  in- 
vent. Racks  and  gibbets  might  be  among  the  mildest 
instruments  of  their  discipline.  They  might  compel  the 
accused  to  furnish  evidence  against  himself;  and  assume, 
that  the  charge  exhibited  against  him  was  true,  unless  he 
can  disprove  it."  These  strained  interpretations  were 
fully  replied  to  by  Gore  and  Dawes,  showing,  that  the 
same  inferences  might  be  drawn  against  the  Constitution 
of  Massachusetts ;  that  a  Constitution  could  not  be  ex- 
pected to  define  every  particular  legal  provision,  and  that 
an  argument,  from  the  possibility  of  abuse,  might  be 
raised  against  all  governments.  The  omission  to  provide 
for  a  jury  in  civil  cases,  was  explained  by  an  allegation, 
that  the  different  modes  of  trial  in  the  different  States, 


^T.  81.]  HAMILTON.  4I7 

and  in  different  courts  of  the  same  State,  rendered  it 
impracticable  for  the  Convention  to  make  any  general 
provision  on  the  subject. 

Upon  the  conclusion  of  the  discussion  by  paragraphs. 
Chief  Justice  Parsons  moved  an  assent  to,  and  ratification 
of,  the  Constitution.  This  motion  was  strongly  opposed, 
but  means  had  been  taken  to  divide  the  opposition.  Han- 
cock surrendered  his  objections. 

As  President  of  the  Convention,  he  urged  the  adop- 
tion of  the  Constitution,  with  certain  amendments,  sub- 
mitted by  him,  which,  he  stated,  he  believed  would  quiet 
the  apprehensions  of  its  opponents.  These  amendments 
were  from  the  pen  of  Parsons.*  f 

This  determination  was  supposed  to  have  been  pro- 
duced by  the  strong  manifestations  of  the  feelings  of  the 
mechanics  of  Boston,  who,  at  a  full  assemblage,  passed 
earnest  resolutions  in  favor  of  the  Constitution,  as  a 
great  mean  of  restoring  to  industry  its  due  rewards. 
These  resolutions  were  also  presented  to  Samuel  Adams, 
who,  influenced  by  a  voice  that  rarely  reached  his  ear  in 
vain,  the  voice  of  numbers,  moved  the  acceptance  of  the 
amendment,  and  supported  his  motion  by  a  series  of  co- 
gent remarks  on  the  necessity  of  adopting  the  Constitu- 
tion, as  the  only  mean  of  preserving  the  Union.  He  then 
urged  the  excellence  of  the  amendments,  particularly 
that  which  proposed  an  explicit  declaration,  that  all  pow- 

*  Curtis's  Hist.     Const,  ii.  541. 

t King  to  Madison,  January  23d:  "Our  prospects  are  gloomy,  but  hope 
is  not  entirely  extinguished.  We  are  now  thinking  of  amendments  to  be  sub- 
mitted, not  as  the  condition  of  a  ratification,  but  as  the  opinion  of  the  Con- 
vention subjoined  to  the  ratification.  This  scheme  may  gain  a  few  members, 
but  the  idea  is  doubtful."  January  30th,  same  to  same.  He  states  their 
hopes  are  increasing.  "If  Mr.  Hancock  does  not  disappoint  our  expecta- 
tions, our  wishes  will  be  gratified,  but  his  character  is  not  entirely  free  from 
a  portion  of  caprice." 

Vol.  IV.— 27 


418  THE   REPUBLIC.  [1788. 

ers  not  expressly  delegated  to  Congress,  are  reserved  to 
the  States  to  be  exercised  by  them  ;  another,  restricting 
the  control  of  Congress  over  the  elections  of  its  members  ; 
a  third,  conferring  the  power  of  direct  taxation  only  when 
the  proceeds  of  the  impost  and  excise  shall  be  insufficient 
for  the  public  exigencies ;  and  another,  requiring  an  in- 
dictment before  trial,  and  juries  in  civil  cases,  between 
citizens  of  different  States,  at  the  request  of  either  of  the 
parties.* 

His  motion  gave  rise  to  a  discursive  conversation,  in 
which  the  general  features  of  the  Constitution  were  re- 
viewed, and  the  right  of  a  State  Convention  to  offer 
amendments,  discussed ;  Ames,  in  the  lead,  denying  the 
validity  of  any  acceptance  of  it  upon  condition.  In  the 
closing  debates,  a  powerful  array  in  favor  of  the  Constitu- 
tion was  seen,  in  its  advocacy,  by  the  hitherto  almost  silent 
clergy,  f  The  deliberations  were  terminated  by  a  com- 
posing address  frpm  Hancock.  The  question  was  finally 
taken  upon  a  ratification,  with  a  recommendation  of  the 
proposed  amendments.  The  votes  were  one  hundred  and 
eighty-seven  in  the  affirmative,  and  one  hundred  and  sixty- 
eight  in  the  negative,  thus,  of  so  numerous  a  body,  showing 
a  majority  of  only  nineteen  members — a  result,  with  which, 
argument  had  much  weight,  influence,  not  a  little.  In  the 
exceedingly  doubtful  opinions  of  the  States  which  had  not 
yet  ratified  the  Constitution,  this  result  was  of  highest 
moment.  The  recommendation  of  amendments,  though 
an  unavoidable  concession,  was,  however,  an  example 
pregnant  with  danger. 

*  King  wrote  to  Madison,  "  Hancock  submitted  the  propositions.  Samuel 
Adams  gave  his  public  approbation  of  them.  We  flatter  ourselves  the  weight 
of  these  two  characters  will  insure  our  success,  but  the  event  is  not  absolutely 
certain." 

t  Of  the  nine  Clergy  in  the  Convention,  seven  voted  for  the  Constitution. 


CHAPTER    LI. 

On  the  eleventh  of  December,  the  Legislature  of  New 
Hampshire  resolved,  that  a  Convention  of  Delegates  from 
each  town  should  be  held  at  Exeter  on  the  nineteenth  of 
February  following. 

During  the  interval,  great  efforts  were  made  to  excite 
the  prejudices  of  its  people. 

This  State,  from  its  lofty  mountains,  and  its  beautiful 
lakes,  often  called  the  Switzerland  of  America,  owes  its 
chief  distinction  to  the  vigorous  character  of  its  popula- 
tion, who,  originally  from  the  Western  Counties  of  Eng- 
land, were  of  an  humble  condition,  at  first  fishers,  after- 
wards farmers,  then  graziers,  among  the  hills  which 
approach  within  a  few  miles  of  the  Ocean.  The  Colony 
was  primarily  held  in  a  separate  Government  under  a 
grant  from  the  Crown.*  Most  of  its  Colonists  being  from 
Massachusetts,  they  early  took  refuge  under  her  jurisdic- 
tion. Thus,  the  same  laws  governed,  and  similar  customs 
prevailed.  After  the  lapse  of  forty  years,  it  passed  under 
a  Royal  government,  when  it  again,  by  a  voluntary  act, 
became  united  with  that  Colony ;  f  which  connection 
continued  some  time. 

*  To  Jolin  Mason  and  other  Merchants  of  London — Mason,  originally  a 
Merchant,  entered  the  J^avy,  and  was  a  Governor  of  Newfoundland.  He 
wished  to  establish  a  feudal  system  in  this  Colony,  which  led  to  his  ruin. 

t  1689. 


420  THE    REPUBLIC.  [1788. 

Its  advance  was  not  rapid.  The  culture  of  the  soil 
was  early  neglected.  Food  was  imported,  and  the  only 
exchanges  were  the  products  of  the  sea,  and  of  the  forest 
— fish  and  lumber,  part  of  which  were  carried  in  an  illicit 
traffic  to  the  West  Indies,  returning  molasses,  the  distil- 
lation of  which  was  long  the  only  manufacture.  By  a  few 
Irish  emigrants,  the  fabric  of  linen  was  subsequently  in- 
troduced ;  and  a  weak  attempt  was  made  to  produce 
woollen  goods.  Disputed  land  titles — Indian  wars — 
contests  with  Canada — unsettled  boundaries — were  among 
the  vexing  incidents  of  their  early  history,  preparing  these 
Colonists  for  their  gallant  part  in  the  Campaigns  of  the 
Revolution.  Their  Independent  government  established 
in  seventy-six,  showed  their  jealousy  of  power.  It  was 
vested  in  an  Assembly,  who  chose  from  their  own  body, 
twelve  Councillors,  performing  Legislative  and  Executive 
duties — dispensing  with  a  Governor.  An  attempt  to  form 
another  Constitution  was  made  the  next  year.  A  Con- 
vention of  Delegates  proposed  a  plan  to  the  people  in 
their  several  town  meetings,  which  was  rejected.  Another 
Convention  was  held,  which  "had  nine  Sessions,  and 
continued  for  more  than  two  years.  "'^  A  Government  of 
three  branches  was  proposed  by  it ;  the  Governor  re- 
strained by  a  Council  with  controlling  powers.  Such 
were  the  objections  to  this  scheme,  that  it  became  neces- 
sary to  modify,  and  submit  it  anew.  The  Representatives, 
instead  of  being  elected  by  Counties,  were  required  to  be 
chosen  by  the  town ;  and  the  "  Governor, "  instead  of 
being  so  named,  was  to  be  called,  the  "  President. "  Thus 
altered  to  meet  popular  feeling,  it  was  once  more  sub- 
mitted to  the  people,  and  was  at  last  adopted. 

The  embarrassments  resulting  from  interrupted  indus- 
try, and  a  checked  commerce,  bore  with  especial  severity 

*  History  of  New  Hampshire,  by  Belknap. 


^T.  31.]  HAMILTON.  421 

on  a  State,  with  so  few  resources.  The  emission  of  paper 
money  gave  a  temporary,  but  fleeting  prosperity. 

The  embarrassments  increased,  and  such  laws  were 
made  as  poor  and  uninformed  people  make,  goaded  by 
necessity — tender  laws,  which,  were  the  paper  refused, 
cancelled  antecedent  debts.  In  the  hope  of  some  day  of 
wiser  counsels,  written  obligations  were  transferred  pri- 
vately to  avoid  a  tender.  Laws  against  monopolies  fol- 
lowed. After  these,  acts  fixing  prices,  and  prohibiting 
sales  at  auction  ;  to  prevent  a  further  depreciation  of  the 
paper.  As  the  result  of  such  Legislation,  the  paper  be- 
came valueless  ;  and  coin,  in  small  quantities,  gradually 
took  its  place.  This,  obeying  the  laws  of  commerce,  soon 
disappeared.  The  Government  resorted  to  taxation  in  its 
most  oppressive  form,  and  creditors  resorted  to  the  courts. 

The  cry  rose  aloud  for  paper  money  ;  and  the  people 
were  invoked  "to  assert  their  own  majesty  as  the  origin 
of  power,  and  to  make  their  Governors  know,  that  they 
are  but  the  executors  of  the  public  will."*  An  act  for  the 
tender  of  property  at  an  appraisal  followed — which  was 
renewed  ;  and  a  law  was  passed  to  encourage  the  import 
of  coin — exempting  from  port  duties  vessels  laden  with 
it.  The  effort  was  vain.  The  evil  grew  until  the  pre- 
viously mentioned  insurrection  followed,  and  was  sup- 
pressed. It  was  to  the  fevered  mind  of  this  impoverished 
State,  that  the  Federal  Constitution,  with  all  its  salutary 
guards,  was  submitted.  By  many  of  the  electors,  inland, 
isolated,  remote  from  information,  the  Constitution  had 
not  been  read.  Meeting  in  their  towns  under  false  im- 
pressions, a  great  number  of  the  delegates  were  chosen 
with  express  instructions  to  reject  it. 

The  State  Convention  assembled  on  the  day  appoint- 
ed, when  it  was  ascertained  that  there  was  a  majority, 

*  Belknap. 


422  THE    REPUBLIC.  [1788 

chiefly  composed  of  the  Delegates  from  the  interior, 
pledged  not  to  approve  it.  A  discussion  by  paragraphs 
was  proposed.  This  motion  was  objected  to,  and  a  pro- 
position was  offered — first  to  review  the  articles  of  the 
Confederation  to  ascertain  its  defects ;  and  then  to  deter- 
mine upon  the  necessity  of  adopting  the  new  system. 

This  proposal  failed,  and  the  Constitution  was  debated 
in  detail.  The  discussion  commenced  on  the  biennial 
Election  of  the  House  of  Representatives.  After  an 
appeal  similar  to  that  made  in  Massachusetts,  in  favor  of 
Annual  Elections,  it  was  insisted,  that  the  State  Legisla- 
tures ought  to  retain  the  right  of  recalling  the  members. 

This  idea  was  resisted,  on  the  ground,  that  it  would  be 
a  direct  interference  with  the  rights  of  popular  election ; 
that  it  would  place  the  General  Government  at  the  mercy 
of  the  States ;  and  destroy  the  salutary  influence  of  the 
Senate. 

After  a  debate  of  eight  days,  a  great  change  of  opin- 
ion was  perceptible  ;  but,  many  of  the  members  being 
fettered  by  instructions,  an  adjournment  of  four  months 
was  proposed  by  its  friends.  Their  object  was,  to  diffuse 
information  through  the  towns,  and  to  induce  a  revoca- 
tion of  these  instructions.  This  proposition  ultimately 
prevailed,  by  a  majority  of  only  five  votes,  in  a  body  con- 
sisting of  one  hundred  and  eight  members. 

This  adjournment,  nevertheless,  encouraged  the  ad- 
versaries of  the  new  system,  and  checked  the  hopes  of  its 
friends.  * 

*  March  27th,  1788,  Nicholas  Gillman,  afterwards.  Governor  of  New 
Hampshire,  to  General  Sullivan.  "  The  opposition  is  now  reduced  to  system. 
The  leaders  are  known  to  each  other,  and  are  indefg,tigahle  in  their  exertions. 
If  they  succeed,  I  am  apprehensive  the  sword  will  be  drawn,  and  your  Excel- 
lency's early  prediction  be  verified.  I  am  by  no  means  without  hope  of  tran- 
quillity, though  I  think  appearances  are  very  alarming."  King  to  Sullivan, 
April  9th.  1788.     "  The  unfortunate  check  the  Ni3w  Constitution  received  in 


^T.  31.]  HAMILTON.  423 

The  course  of  Luther  Martin,  in  the  General  Conven- 
tion, may  have  prompted  a  supposition,  that  he  was  sus- 
tained by  a  party  of  some  weight  in  the  State  he  repre- 
sented. But  it  was  not  so.  Every  motive  united  to 
induce  Maryland  to  adopt  the  Constitution. 

This  was  the  only  North  American  Colony  originally 
settled  by  Roman  Catholics.  Of  these,  a  small  body,  emi- 
grating from  the  southern  counties  of  England,  where 
they  were  most  numerous,  were  planted  by  Lord  Balti- 
more, a  quarter  of  a  century  after  the  settlement  of  Vir- 
ginia, on  the  small  peninsula  lying  on  the  Chesapeake 
Bay,  and  the  rivers  Potomac  and  Patuxent.  To  this, 
they  gave  the  name  most  favored  in  their  calendar — St. 
Mary's.  Hence  they  extended  along  either  shore  of  this 
great  bay,  and  the  borders  of  these  parallel  streams. 
The  Government  was  Proprietary,  and  it  was  the  happi- 
ness of  these  colonists,  that  they  held,  successively,  under 
single  Proprietors,  men  of  rank  and  affluence,  of  mild 
and  liberal  counsels.  For  it  was  their  signal  distinction, 
that,  belonging  to  a  Church  denounced  for  her  intoler- 
ance,* toleration  was  "  coeval  with  this  Colony." 

Its  population  continued  to  be  chiefly  English,  with  a 
small  admixture  of  Irish  in  their  few  towns,  and  of  Ger- 
mans in  the  County  of  Frederic,  crossing  from  Pennsyl- 
vania. With  no  hostile  frontier  to  defend,  enjoying, 
under  their  charter,  great  commercial  privileges  and  ex- 
emptions, composed  almost  entirely  of  planters  and  their 

New  Hampshire  has  given  new  life  and  spirits  to  the  opponents  of  the  proposed 
system,  and  damped  the  ardor  of  its  friends.  The  arguments  in  Virginia  are 
mostly  local,  although  many  ostensible  ones  will  appear.  Impositions  of  the 
Eastern  States  on  their  Commerce ; — and  Treaties  being  the  supreme  law  of 
the  land,  thereby  compelling  the  payment  of  the  British  debts,  will  be  the  real 
objections  of  the  greater  part  of  the  opposers,  while  some  others  regard  a  con- 
solidation of  the  Union  as  a  real  evil." 

*  Bossuet  says :  "  Toleration  is  not  a  mark  of  the  true  Church." 


424  THE   KEPUBLIO.  [1788. 

slaves,*  under  a  genial  climate,  and  with  a  fertile  soil, 
this  Colony  rapidly  grew  in  opulence.  The  first  disturb- 
ing question  was,  when  becoming  a  Royal  Government, 
toleration  ceased.  The  Church  of  England  became  the 
established  Church,  and  acts  were  passed  by  the  Legisla- 
ture, to  prevent  the  spread  of  Popery.  The  discontents 
thus  generated,  though  not  general,  were  sufficient  to 
give  strength  to  the  opposition,  which,  in  each  Colony, 
arrayed  itself  against  the  influence  of  the  Crown,  and 
most  was  seen  in  grants  of  money.  With  no  democratic 
element  to  control  or  question  their  influence,  the  spirit 
of  these  planters  was  high,  and  was  vigorously  shown  in 
resistance  to  the  restrictive  policy  of  England ;  the  more 
earnestly  resisted,  as  being  a  direct  violation  of  their 
chartered  privileges,  and  the  more  severely  felt,  as  thither 
was  almost  their  only  export,  and  thence  their  only  sup- 
plies, in  English  vessels  ;  f  they  thus  being  wholly  tribu- 
tary. Hence,  when  the  Revolution  began,  the  power  of  the 
Crown  seemed  to  vanish,  and  the  planters  erected  a  State 
Government,  more  removed  from  popular  influence  than 
that  of  any  other  of  the  States. 

The  Assembly,  or  "  House  of  Delegates,"  was  annual ; 
chosen  by  freeholders.  The  Senate  was  elected  by  elec- 
tors, chosen  by  these  freeholders,  from  the  State  at  large ; 
and  had  a  duration  of  five  years.  The  Governor  was  to 
be  annually  elected  by  the  joint  ballot  of  both  houses. 

The  Legislature  of  seventeen  hundred  and  eighty-eight, 
was  convened  in  November,  a  few  weeks  after  the  ques- 
tion of  adopting  the  Constitution  was  submitted  by  Con- 
gress to  the  people  of  the  States.  On  the  twenty-seventh 
of  that  month,  a  vote  was  taken  on  the  call  of  a  State 

*  More  than  one-third  of  the  population  were  slaves — one-sixteenth  arti- 
ficers.— McMahoiUs  History  of  Maryland. 

t  The  small  trade  to  the  West  Indies  was  in  New  England  craft. 


^T.  31.]  HAMILTON-.  425 

Convention.  After  some  difference  of  opinion  as  to  the 
qualifications  of  the  electors  of  this  Convention,  and,  af- 
ter a  close  division,  as  to  the  time  of  the  election,  the 
House  of  Delegates,  by  a  majority  of  seven  out  of  forty- 
nine  members,  ordered  the  election  of  a  Convention  to 
assemble  at  Annapolis  on  the  twenty-first  of  the  following 
April.  This  vote  was  little  indicative  of  the  feelings  of 
this  State.  The  Legislature  had  been  elected  before  the 
question  of  the  new  Constitution  had  been  proposed  to 
the  consideration  of  the  people ;  and,  as  soon  as  the  pros- 
pect of  establishing  a  National  Government  was  opened 
to  them,  it  was  generally  and  warmly  welcomed. 

Her  steadfast  poHcy,  as  to  the  public  domain,  had 
evinced,  as  the  matter  was  then  regarded,  her  wise  fore- 
sight of  her  interests  as  a  member  of  an  efficient  Union. 
The  rejection,  by  her  Senate,  of  the  much-urged  issue  of 
paper  money,*  gave  marked  evidence  of  the  soundness 
and  firmness  of  its  views;  looking  for  relief |  to  a  solid 
system  of  National  finance,  commensurate  with  the  Na- 
tional exigencies.  Her  recent  compact  with  Virginia,  as 
to  the  Chesapeake  and  its  tributaries,  showed  her  sense 
of  the  importance  of  enlarged  commercial  powers  in  the 
government  of  the  Union ;  and  she  seemed  most  to  feel 
the  necessity  of  Hamilton's  great  idea  of  nationahzing 
all  the  waters  of  the  States,  and  making  them  the  com- 
mon highways  of  one  people. 

The  elections  for  delegates  resulted  in  such  an  over- 
whelming majority  of  Federalists,  that  the  Convention, 
which  met  at  the  appointed  time,  seemed  to  feel  that  their 
only  office  was  to  give  a  formal  ratification  to  the  Consti- 

*  "  Red  money"  and  "black  money"  had  been  the  distinguishing  epithets 
of  her  circulating  medium. 

f  The  assumption  of  the  State  Debts  by  the  General  Government  was  an 
important  benefit  to  Maryland. 


426  THEEEPUBLIO.  [1788. 

tution.  The  opponents  of  it,  certain  of  defeat,  with  a 
view,  as  is  stated,  of  operating  on  Virginia,  proposed  an 
adjournment,  which  was  lost.  A  motion  to  consider  the 
Constitution,  by  paragraphs — the  only  fair  mode  of  discus- 
sion— followed,  but  was  rejected  by  the  votes  of  all,  ex- 
cept five  members.  Being  then  read  at  large,  its  adoption 
was  opposed  by  Samuel  Chace,  Paca,  John  Francis  Mer- 
cer, and  Luther  Martin.  The  final  vote  was  taken  after 
a  session  of  six  days ;  and  it  was  ratified  by  sixty-three 
to  eleven  voices.  On  this  decisive  result,  several  of  its 
adversaries  came  forward,  and  pledged  themselves  to  sup- 
port it.  A  series  of  amendments  was  presented  by  Paca, 
and  referred  to  a  committee  to  be  submitted  to  the  people ; 
and,  if  approved  by  them,  to  be  laid  before  Congress  for 
its  action. 

No  record  of  the  debates  in  this  State  has  been  found. 
Among  a  body  of  individuals  of  high  character,  and  en- 
larged views,  those  most  known  to  the  country,  from  pre- 
vious service,  were  Governor  Johnson,  Tilghman,  Golds- 
borough,  McHenry,  Plater,  Carroll,  and  Hanson,  of  whom 
several  had  been  the  framers  of  the  Constitution  of  the 
State. 

Baltimore,  where  the  most  strenuous  opposition  had 
been  made,  following  the  example  of  Boston,  celebrated 
this  act  of  the  Convention  by  a  triumphal  procession,  in 
which  the  most  conspicuous  object,  was  a  miniature  ves- 
sel, called  "  The  Federalist." 

The  unanimity  of  Georgia,  followed  by  the  decisive 
majority  in  Maryland,  induced  a  strong  expectation,  that 
South  Carolina  would  unite  with  equal  ardor  in  the  com- 
templated  change  of  Government.  This  expectation  was 
heightened  by  the  unanimous  assent  of  her  delegates  in  the 
Federal  Convention,  by  their  known  influence  in  the 
Councils  of  their  State ;  and,  with  one  exception,  by  their 


^T.  81.]  HAMILTON".  427 

elevated  characters.  But  local  causes  existed  which 
tended  to  damp  this  hope  ;  and  the  enemies  of  the  sys- 
tem confidently  asserted,  that  South  Carolina  would  dis- 
sent. 

The  first  government  of  this  colony  was  unique.  A 
charter  was  granted  by  England  to  eight  Proprietors, 
men  of  highest  rank  and  influence.  It  conferred  on  them 
absolute  power  of  erecting  courts,  appointing  magistrates, 
making  war,  conferring  title?,  the  receipt  of  customs  and 
raising  subsidies,  with  the  consent  of  the  freemen  of  the 
colony ;  ecclesiastical  patronage,  but  secured  religious 
toleration.  The  task  of  framing  a  government  was  con- 
fided by  them  to  a  distinguished  metaphysician.*  He 
formed  a  system  which  made  the  eldest  Palatine,  Gov- 
ernor— the  object  of  which  was  expressly  stated  to  be, 
".  to  establish  a  Government  agreeable  to  the  monarchy, 
that  we  may  avoid  making  too  numerous  a  democracy" — 
to  be  succeeded  by  the  eldest  surviving  Palatine ;  who, 
with  three  other  Palatines,  was  to  constitute  a  court  em- 
powered to  assent  to,  or  dissent  from,  all  laws  passed  by  a 
parliament  of  two  houses,  elected  biennially ;  the  Upper 
House  to  consist  of  seven  deputies — the  eldest  Landgraves 
and  Cassiques ;  and  also  seven  chosen  by  the  Assembly, 
who  were  to  represent  counties  and  towns.  There  were 
to  be  three  classes  of  nobility — Barons,  Cassiques,  and 
Landgraves — each  vested  with  large,  inalienable,  landed 
estates. 

Such  a  scheme  could  not,  of  itself,  prevail  long ;  and 
especially,  among  a  population  so  various,  and  under  such 
neighboring  influences.  The  earliest  important  settle- 
mentf  was  English,  at  a  point,  near  the  confluence  of  the 
Ashley  and  the  Cooper — now  Charleston. 

A  small  body  of  Dutch  followed.     Soon  after,  numer- 

*  John  Locke.  1 1680. 


428  THE   REPUBLIC.  [1788. 

ous  Huguenots,  of  fervent  piety,  noble  courage,  gentle 
manners,  upon  whom  adversity  had  shed  its  happiest  in- 
fluences. These  were  grouped  here  and  there  upon  the 
coast,  and  along  the  streams  ;  which,  rising  in  the  upper 
country,  traversed  the  low  plain,  through  which  they 
glided  to  the  ocean. 

The  essential  power  of  this  Colony,  despite  its  arbi- 
trary government,  soon  settled  in  the  planters,  many  of 
them  gallant  cavaliers,  quick  to  quarrel,  firm  in  the  as- 
sertion of  their  rights — not  too  careful  of  the  rights  of 
others.  While  these  were  not  in  harmony  with  the  Hu- 
guenots, because  they  were  French,  and  were  dissenters  ;* 
they  also  steadily  contended  with  the  Proprietors  ;  were 
resorting  to  arms,  until  at  last  the  Colony  was  purchased 
by  the  Crown,  and  a  government  was  instituted  of  three 
branches — a  Governor,  and  Council,  appointed  by  the  king 
— an  Assembly  elected  by  the  people. 

Puring  the  half  century  which  had  elapsed,  its  prog- 
ress was  not  rapid.  The  introduction  of  slaves,  who  were 
three-fourths  of  the  population,  deterred  the  immigration 
of  white  men  ;  also  discouraged  by  early  collisions  with 
the  colonies  of  Spain  and  France,  by  Indian  wars,  and  by 
the  pirates  who  infested  the  many  inlets. 

Under  the  Royal  Government  quiet  was  established. 
The  growth  of  rice  and  indigo  made  the  growers  opulent. 
Bounties  were  granted  on  articles  needed  by  England, 
who,  excepting  a  permitted  traffic  with  the  West  Indies, 
monopolized  the  trade.  No  colony  more  flourished  ;  and 
the  planters  seemed  content  with  their  affluence  and  with 
the  social  enjoyments,  which  imparted  a  soft  elegance 
and  warmth  to  Southern  life. 

But  to  men  of  education  and  spirit,  colonial  depend- 

*  The  Supremacy  and  Test  oaths  had  been  adopted  by  the  Colonial  Legis- 
lature. 


^T.  31.]  HAMILTON.  429 

ence  was  irksome ;  and,  among  the  body  of  the  people, 
opinions  were  nurtured,  by  successive  accessions  of  emi- 
grants, breathing  hostility  to  governments  whose  burthens 
they  had  felt — leading  to  Independence. 

To  the  increase  of  disaffection.  New  England  had 
contributed  a  few  dissenters.  Hollanders  and  Germans 
wefe  seen  on  the  borders  of  the  more  central  rivers. 
Swiss,  near  the  Savannah  ;  Irish,  in  numbers,  at  Williams- 
burgh  ;  while,  along  the  interior  frontier,  attracted  by  the 
mild  winters  and  natural  grasses,  herdsmen*  strayed  in 
from  Virginia  and  Pennsylvania,  meeting  there,  robust 
rebels  recent  from  the  Highlands  of  Scotland.  A  body 
of  almost  naked  Palatines  were  transported  hither,  to 
whom  every  change  promised  advantage.  This  various 
population  was  much  dispersed.  The  few  gatherings  of 
it  were  mere  hamlets.  The  Courts  were  held  at  Charles- 
ton ;  and  thus,  without  schools,  and  with  infrequent  par- 
ticipation in  the  administration  of  justice,  grew  up  a  peo- 
ple, eager  to  escape  the  yoke  of  a  foreign  government, 
though  little  prepared  by  intervening  incidents  to  accept 
one  so  refined  and  complicated  as  the  Federal  Constitu- 
tion ;  intended  to  control  the  aberrations,  which  Revolu- 
tions often  cause. 

The  English  restrictions  on  trade  alarmed  the  Plant- 
ers. The  interference  with  the  paper  emissions  embar- 
rassed them.  The-  idea  of  Parliamentary  taxation  kindled 
them  to  resistance.  Hence,  nowhere  was  the  spirit  of  re- 
volt more  ready,  or  the  energy  of  resistance  more  liberal, 
more  prompt,  or  more  united.  Save  the  Royalists,  on  the 
fork  between  the  Broad  and  the  Saluda  rivers.  South 
Carolina  had  one  purpose  ;  and,  amid  invasion  and  griev- 
ous disasters,  that  purpose  was  steadfast. 

But  the  long  possession  of  the  State  by  the  enemy, 

*  At  the  Cow  Pens. 


430  THE  EEPUBLIO.  [1788. 

and  their  excesses,  had  impoverished  and  infuriated  the 
people.  Retaliation  had  committed  like  excesses ;  and 
their  necessities  had  compelled  the  enactment  of  laws  de- 
ferring the  collection  of  debts.  The  suspension  of  civil, 
and,  in  a  few  instances,  of  criminal  justice,  were  the  con- 
sequences of  such  disorder.  A  marked  difference  was 
also  seen  in  the  temper  of  the  great  divisions  of  the  State. 
On  the  seaboard,  the  planting  interest,  united  with  the 
mercantile,  in  the  demand  of  a  National  Government.  But, 
between  the  lower  and  the  upper  country  was  a  wide, 
unsettled  space. 

Thus,  the  influence  of  the  enlightened  planters  was 
somewhat  removed  ;  and  was  viewed  with  jealousy,  as 
the  capital  and  its  accessories  were  the  creditor ;  the  fron- 
tier, the  debtor  portion  of  the  State. 

Among  the  planters,  there  was  not  an  entire  unity  of 
opinion  as  to  the  proposed  Government.  Several  looked 
with  apprehension  on  its  contemplated  vigor.  Others,  as 
their  staples  must  be  the  chief  subjects  of  commercial 
treaties,  feared  the  extent  and  disposition  of  the  Treaty 
power ;  more,  were  jealous  of  the  navigating  preponder- 
ance of  the  North,  and  but  few,  were  wholly  free  from 
solicitude  as  to  the  security  of  their  property  in  slaves. 

The  injury  South  Carolina  had  suffered  by  the  depor- 
tation of  slaves,  during  the  Revolution,  had  induced  her  to 
insist,  the  more  earnestly,  upon  the  clause  in  the  Consti- 
tution permissive  of  their  importation,  though  clogged 
with  a  duty.  In  the  then  prevailing  sentiment  of  nearly 
the  whole  United  States,  would  that  property,  in  the  long 
future,  be  secure  ;  or  must  the  State  become  a  waste  ? 

These  objections,  and  these  fears,  were  overbalanced 
by  a  wise  confidence,  that,  if  the  Constitution  should  ef- 
fectually suppress  local  mis-legislation,  it  would  remove 
the  principal  causes  of  distress ;  by  an  innate  conviction, 


^T.  31.]  HAMILTON.  431 

that  the  slave  trade  was  a  series  of  crimes  ;  and,  by  an  as- 
surance, that  the  value  of  her  exports  was  the  best  guar- 
antee for  their  protection  in  the  National  ports,  and  would 
induce  a  beneficial  competition  for  their  carriage.  Nor 
could  it  be  without  its  influence,  that  she  was  a  large 
creditor  State ;  and  that,  in  an  adjustment  of  the  National 
burthens,  a  provision  for  this  debt  would  be  a  great  meas- 
ure of  justice,  and  a  great  relief  to  her  finances. 

The  Legislature  assembled  in  January,  and  on  the 
fourteenth  of  that  month,  the  Senate  passed  a  vote  of 
thanks  to  the  Federal  Delegates,  in  which,  it  is  stated,  the 
first  branch  refused  to  concur.  The  question  of  calling  a 
Convention  arose  upon  a  message  of  the  Governor,  and 
upon  the  report  of  a  Committee  in  favor  of  holding  the 
election  of  its  members  in  the  ensuing  month,  to  convene 
in  March.  The  debate  continued  four  days,  when,  after 
an  able  discussion,  the  election  of  a  Convention  to  assem- 
ble at  Charleston,  in  May,  was  ordered  by  a  majority  of 
one  vote,  in  a  House  consisting  of  one  hundred  and  fifty- 
one  members. 

The  debates  of  this  Convention  are  imperfectly  re- 
ported ;  but  most  of  the  questions  of  interest  had  been 
previously  examined,  and  with  much  ability,  in  the  Leg- 
islature. 

The  opposition  to  the  Constitution  in  that  body  was 
chiefly  urged  by  Rawlins  Lowndes,  a  person  of  much  con- 
sideration, who  saw  in  the  proposed  Constitution  such  a 
tendency  to  oppression,  as  to  have  declared  at  the  close  of 
a  series  of  animated  invectives,  that,  its  "  dangers  were  so 
evident,  that  when  he  ceased  to  exist,  he  wished  for  no 
other  epitaph,  than  to  have  inscribed  on  his  tomb  : — '  Here 
lies  the  man,  that  opposed  the  Constitution,  because  it  was 
ruinous  to  the  liberty  of  America.' " 

As  a  consequence  of  his  opposition,  he  was  not  elected 


432  THE  REPUBLIC.  [1788. 

to  the  State  Convention.  Its  leading  advocates  were 
Charles  Pinckney,  General  Cotesworth  Pinckney,  Rut- 
ledge  the  Chancellor,  Edward  Rutledge,  Pierce  Butler, 
and  Robert  Barmvell. 

The  discussion  was  opened  by  the  first  individual, 
who  anticipated  the  objection  of  a  want  of  power  in  the 
Convention,  by  reminding  them  of  the  important  fact,  that 
most  of  the  appointments  of  its  members  were  made 
under  the  broad  recommendation  of  the  Annapolis  Con- 
vention, and  previous  to  that  of  Congress  being  known. 
He  then  stated,  that  the  object  of  the  Convention  was  to 
establish  a  Government,  not  to  amend  a  league  ;  mentioned 
the  leading  points  of  controversy  which  had  arisen,  and 
vindicated  the  structure  of  the  Government ;  arguing  that 
the  different  derivation  of  the  two  branches  of  the  Legisla- 
ture would  render  them  salutary  checks.  He  also  de- 
fended the  Constitution  of  the  Judiciary,  as  the  most  im- 
portant, though  most  intricate,  part  of  the  system.  He 
urged  the  necessity  of  conferring  on  it  all  the  powers  it 
possessed ;  to  ensure  the  observance  of  treaties,  to  decide 
National  questions,  to  maintain  the  supremacy  of  the 
Constitution  and  the  laws ;  and  to  control  and  keep  the 
State  judicatories  within  their  proper  limits.  Thus,  he 
observed,  "under  a  wise  management,  this  department 
might  be  made  the  Keystone  of  the  Arch. " 

He  acknowledged,  that  the  Executive  was  "  not  con- 
structed upon  those  firm  and  permanent  principles  that 
would  have  been  pleasing  to  him  ;  but,  that  it  was  as  much 
so,  as  the  present  temper  and  genius  of  the  people  would 
admit."  He  avowed  his  objection  to  that  part  of  the 
system  which  connected  the  duties  of  the  Executive  and 
Senate,  as  producing  a  divided  responsibihty ;  not  from 
a  fear  of  too  much  power  in  the  Federal  Head.  His  ap- 
prehension was,  that,  "  it  was  impossible  while  the  State 


JEt.  81.]  HAMILTOSr. 

systems  continue,  and  continue  they  must,  to  construct 
any  Government  upon  Republican  principles,  sufficiently 
energetic  to  extend  its  influence  through  all  its  parts." 
"  The  State  Governments,"  he  remarked, "  will  too  naturally 
slide  into  an  opposition  against  the  general  one,  and  be 
easily  induced  to  consider  themselves  its  rivals.  They 
will  after  a  time  resist  the  collection  of  the  Revenue,  and  if 
the  General  Government  is  obliged  to  concede,  in  the 
smallest  degree,  on  this  point,  they  will  of  course  neglect 
their  duties,  and  despise  its  authority.  A  great  degree  ol 
weight  and  energy  is  necessary  to  enforce  it — nor  is  any 
thing  to  be  apprehended.  All  power  being  immediately 
derived  from  the  people ;  and  the  State  Governments  be- 
ing the  basis  of  the  general  one,  it  will  easily  lie  in  their 
power  to  interfere,  and  to  prevent  its  injuring  or  invading 
their  rights."  These  observations  were  followed  by  others, 
showing  the  tendency  to  disunion,  the  necessity  of  vigor 
in  the  system ;  and  disclosing  his  hopes  and  his  doubts  as 
to  the  result  of  the  "  experiment." 

After  these  preliminary  remarks,  a  warm  discussion 
arose  upon  the  disposition  of  the  Treaty-making  Power  ; 
as  to  the  relative  weight  of  the  States  in  the  Legislative 
departments  ;  the  power  of  regulating  Commerce,  and 
collecting  Revenue  ;  and  the  constitution  and  powers  of 
the  Executive. 

On  all  these  points,  the  arguments  of  Cotesworth 
Pinckney,  who  had  been  a  member  of  the  Federal  Con- 
vention, were  the  fullest  and  most  able.  After  an  instruc- 
tive narrative  of  the  progressive  deliberations  of  the  Fed- 
eral Convention,  upon  the  Treaty-making  Power,  and  of 
the  difficulties  attendant  upon  the  selection  of  a  diflferent 
depositary  of  it,  he  defended  the  probable  operation  of 
this  part  of  the  plan  from  the  charge,  that  this  great 
power  would  be  exerted  by  a  body  of  Senators,  co-operat- 
VoL.  IV.— 28 


434  THE   EEPUBLIO.  [1788. 

ing  with  the  President.  He  insisted,  that  its  importance 
would  induce  a  constant  and  full  representation  of  the 
States  in  the  Senate  ;  and  argued,  with  much  force,  the 
necessity  of  declaring  treaties  the  Supreme  law  of  the 
land,  both  from  the  federal  nature  of  the  Government,  and 
from  the  past  experience  of  the  country. 

John  Rutledge,  Chancellor  oj^the  State,  sustained  this 
view  in  a  brief  address.  He  declared,  in  reply  to  Lowndes, 
that  every  treaty  was  a  law  paramount,  and  must  operate ; 
that  such  was  their  operation  even  under  the  articles  of 
confederation.  These  had  declared,  that  the  treaties 
proposed  to  France  and  Spain,  would  not  be  interfered 
with,  by  any  State,  in  its  imposts  or  duties.  Would  not 
those  treaties  be  a  sufficient  bar  to  any  such  interfering 
impositions  ?  What  sort  of  power  is  that,  which  leaves 
individuals  in  full  power  to  reject  or  to  approve  ? 

He  scouted  the  idea  of  a  complicity  between  the  Pres- 
ident and  part  of  the  Senate,  in  an  attack  upon  the  liber- 
ties of  the  people.  Lowndes  replied,  avowing  his  sincere 
belief,  "  that  when  this  new  Constitution  should  be  adopt- 
ed, the  sun  of  the  Southern  States  would  set,  never  to 
rise  again."  He  urged,  the  majority  of  the  Eastern  States 
in  the  House  of  Representatives,  and  their  interests  being 
wholly  different,  that  there  was  not  the  smallest  chance  of 
receiving  adequate  advantages.  "  What  cause  was  there 
for  jealousy  of  our  importing  negroes  ?  Why  confine  us  to 
twenty  years,  or  rather  why  limit  us  at  all  ?  He  thought 
this  trade  could  be  justified  on  the  principles  of  religion, 
humanity,  and  justice ;  for  certainly,  to  translate  a  set  of 
human  beings  from  a  bad  country  to  a  better,  was  fulfill- 
ing every  part  of  these  principles.  But  they  don't  like 
our  slaves,  because  they  have  none  themselves  ;  and  there- 
fore want  to  exclude  us  from  this  great  advantage.  Why 
should  the  Southern  States  permit  this,  without  the  con- 


^T.  31.]  HAMILTOIT.  435 

sent  of  nine  States  ?"  He  strongly  deprecated  the  power 
over  commerce,  denying  the  reciprocity  of  the  arrange- 
ment. "  They  are  to  be  the  carriers,  we  are  to  be  the 
consumers."  Still,  he  avowed,  if  the  Constitution,  "  was 
sanctioned  by  the  people,  it  would  have  his  hearty  con- 
currence and  support.  He  was  very  much,  originally, 
against  a  Declaration  of  Independence  ;  he  also  opposed 
the  instalment  law,  but  when  they  received  the  approba- 
tion of  the  people,  it  became  his  duty,  as  a  good  citizen,  to 
promote  their  due  observance." 

Edward  Rutledge  and  Cotesworth  Pinckney  answered. 
"  In  the  Northern  States,"  the  former  remarked,  "  the  la- 
bor is  performed  by  white  people,  in  the  Southern  by 
black.  All  the  free  people,  (and  there  are  few  others,)  in 
the  Northern  States,  are  to  be  taxed  by  the  new  Constitu- 
tion ;  whereas,  only  the  free  people,  and  two-fifths  of  the 
slaves  in  the  Southern  States,  are  to  be  rated  in  the  ap- 
portioning of  taxes.  He  also  argued,  that  the  interest  of 
the  Southern  States  would  be  promoted  by  the  navigating 
interests  of  the  Northern  States;  that  they  should  be  the 
last  to  object  to  it. 

Pinckney  resumed  the  discussion  as  to  the  Treaty- 
making  power,  denying  the  doctrine,  that  in  England,  a 
treaty,  to  be  binding,  must  be  ratified  by  Parliament— 
and  quoting,  with  much  effect,  the  great  jurists  Vattel, 
Burlemaqui,  and  Blackstone.  "  South  Carolina,"  he  said, 
"  considering  its  situation  and  the  valuable  product  it  has 
to  export,  is  particularly  interested  in  maintaining  the 
sacredness  of  treaties,  and  the  good  faith  with  which  they 
should  be  observed  by  every  member  of  the  Union."  With 
respect  to  the  alleged  inequality  of  representation,  he 
remarked,  "  as  we  have  found  it  necessary  to  give  very 
extensive  powers  to  the  Federal  Government,  both  over 
the  persons,  and  the  estates  of  the  citizens,  we  thought  it 


436  THE    REPUBLIC.  [1788. 

right  to  draw  one  branch  of  the  Legislature  immediately 
from  the  people,  and  that  both  wealth  and  numbers  should 
be  considered  in  the  representation.  We  were  at  a  loss 
for  a  rule  to  ascertain  the  proportionate  wealth  of  the 
States  ;  at  last,  we  thought,  that  the  productive  labor  of 
the  inhabitants  was  the  best  rule  for  ascertaining  their 
wealth.  In  conformity  to  this  rule,  joined  to  a  spirit  of 
concession,  we  determined  that  Representatives  should  be 
apportioned  among  the  several  States,  by  adding  to  the 
whole  number  of  free  persons,  three-fifths  of  the  slaves. 
We  thus  obtained  a  representation  for  our  property  ;  and, 
I  confess,  I  did  not  think  we  had  conceded  too  much  to 
the  Eastern  States,  when  they  allowed  us  a  representa- 
tion for  a  species  of  property  which  they  have  not  among 
them. 

"  The  honorable  gentleman  alleges,  that  the  Southern 
States  are  weak.  I  sincerely  agree  with  him.  TVe  are  so 
weak,  that  hy  ourselves  we  could  not  form  an  Union  strong 
enough  for  the  purpose  of  effectually  protecting  each 
other.  Without  union  with  the  other  States,  South 
Carolina  must  soon  fall.  Is  there  any  one  among  us  so 
much  a  Quixote,  as  to  suppose,  that  this  State  could  long 
maintain  her  Independence,  if  she  stood  alone ;  or  was 
only  connected  with  the  Southern  States  ?  I  scarcely 
believe  there  is.  Let  an  invading  power  send  a  naval 
force  into  the  Chesapeake  to  keep  Virginia  in  alarm,  and 
attack  South  Carolina  with  such  a  naval  and  military  force 
as  Sir  Henry  Clinton  brought  here  in  eighty ;  and  though 
they  might  not  soon  conquer  us,  they  would  certainly  do 
us  an  infinite  deal  of  mischief;  and  if  they  considerably 
increased  their  numbers,  we  should  probably  fall.  As, 
from  the  nature  of  our  climate,  and  the  fewness  of  our 
inhabitants,  we  are  undoubtedly  weak  ;  should  we  not 
endeavor  to  form  a  close  Union  with  the  Eastern  States, 


^T.  31.]  HAMILTOlSr.  437 

who  are  strong  ?  And  ought  we  not  to  endeavor  to  in- 
crease that  species  of  strength  which  will  render  them  of 
most  service  to  us,  both  in  peace  and  war  ?  I  mean  their 
Navy. 

"  We  certainly  ought ;  and  by  doing  this,  we  render  it 
their  particular  interest  to  afford  us  every  assistance  in 
their  power ;  as  every  wound  that  we  receive  will  event- 
ually affect  them.  Reflect  for  a  moment  on  the  situation 
of  the  Eastern  States,  their  country  full  of  inhabitants, 
and  so  impracticable  to  an  invading  enemy,  by  their  num- 
berless stone  walls,  and  a  variety  of  other  circumstances, 
that  they  can  be  under  no  apprehension  of  danger  from 
an  attack.  They  can  enjoy  their  Independence  without 
our  assistance.  If  our  Government  is  to  be  founded  on 
equal  compact,  what  inducement  can  they  possibly  have 
to  be  united  with  us,  if  we  do  not  grant  them  some  privi- 
leges with  regard  to  their  shipping ;  or,  supposing  they 
were  to  unite  with  us  without  having  these  privileges,  can 
we  flatter  ourselves  that  such  Union  would  be  lasting,  or 
that  they  would  afford  us  effectual  assistance  when  inva- 
ded ?  Interest  and  policy  both  concur  in  prevailing  upon 
us  to  submit  the  regulation  of  commerce  to  the  General 
Government.  But,  I  will  also  add,  justice  and  humanity 
require  it  likewise.  For  who  have  been  the  greatest  suf- 
ferers in  the  Union,  by  our  obtaining  our  Independence  ? 
I  answer,  the  Eastern  States ;  they  have  lost  every  thing 
but  their  country  and  their  freedom.  It  is  notorious,  that 
some  ports  to  the  Eastward,  which  used  to  fit  out  one 
hundred  and  fifty  sail  of  vessels,  do  not  now  fit  out  thirty  ; 
that  their  trade  of  ship-building,  which  used  to  be  very 
considerable,  is  now  annihilated ;  that  their  fisheries  are 
trifling,  and  their  mariners  in  want  of  bread.  Surely,  we 
are  called  upon,  by  every  tie  of  justice,  friendship,  and 
humanity,  to  relieve  their  distresses  ;  and  as  by  their  exer- 


438  THE    REPUBLIC.  [1788. 

tions,  they  have  assisted  us  in  estabhshing  our  freedom, 
we  should  let  them,  in  some  measure,  partake  of  our  pros- 
perity. " 

As  to  the  restrictions  on  the  African  Trade,  he  stated, 
that  it  was  a  necessary  compromise  "  with  the  religious 
and  political  prejudices  of  the  Eastern  and  Middle  States, 
and  with  the  interested  and  inconsistent  opinion  of  Vir- 
ginia, who  was  warmly  opposed  to  our  importing  more 
slaves."  The  Eastern  States  were  willing  to  consent  to 
a  deferred  restriction.  *'  The  Middle  States  and  Virginia 
were  for  an  immediate  and  total  prohibition.  We  have 
secured  an  unlimited  importation  of  negroes  for  twenty 
years  ;  nor  is  it  declared,  that  the  importation  shall  be  then 
stopped.  It  may  be  continued.  We  have  a  security, 
that  the  General  Government  can  never  emancipate  them, 
for  no  such  authority  is  granted ;  and  it  is  admitted,  on 
all  hands,  that  the  General  Government  has  no  powers  but 
those  expressly  granted  by  the  Constitution,  and  that  all 
rights  not  expressed,  are  reserved  to  the  several  States. 
We  have  obtained  a  right  to  recover  our  slaves  in  what- 
ever part  of  America  they  may  take  refuge — a  right 
we  had  not  before.  We  have  made  the  best  terms  for 
the  security  of  this  species  of  property  it  was  in  our 
power  to  make." 

In  reply  to  an  eulogium  on  the  Confederation,  Cotes- 
worth  Pinckney  well  remarked,  "  The  honorable  gentle- 
man, in  the  warmth  of  his  encomiums  on  the  old  plan, 
has  said,  that  it  had  carried  us  with  success  through  the 
war.  In  this,  it  has  been  shown,  that  he  is  mistaken  ;  as 
it  was  not  finally  ratified  till  March,  seventeen  hundred 
and  eighty-one ;  and,  anterior  to  that  ratification.  Congress 
never  acted  under  it,  nor  considered  it  as  binding.  Our 
success,  therefore,  ought  not  to  be  imputed  to  the  old 
Confederation,  but  to  the  vast  abilities  of  a  Washington, — 


iET.  31.]  HAMILTON.  439 

to  the  valor  and  enthusiasm  of  our  people,— to  the  cruelty 
of  our  enemies,  and  to  the  assistance  of  our  friends.  The 
gentleman  had  mentioned  the  treaty  of  peace  in  a  man- 
ner as  though  our  independence  had  been  granted  us  by 
the  King  of  Great  Britain ;  but  that  was  not  the  case. 
We  were  independent  before  the  treaty,  which  does  not 
in  fact  grant,  but  acknowledges  our  independence.  We 
ought  to  date  that  invaluable  blessing  from  a  much  old^r 
charter  than  the  treaty  of  peace — from  a  charter  which 
our  babes  should  be  taught  to  lisp  in  their  cradles — which 
our  youth  should  learn  as  a  carmen  necessavium  or  indis- 
pensable lesson ;  which  our  young  men  should  regard  as 
their  compact  of  freedom,  and  which  our  old  should  re- 
peat with  ejaculations  of  gratitude  for  the  bounties  it  is 
about  to  bestow  on  their  posterity.  I  mean  '  the  Decla- 
ration of  Independence,'  made  in  Congress  the  fourth  of 
July,  seventeen  hundred  and  seventy-six. 

"  This  admirable  manifesto,  which  for  importance  of 
matter  and  elegance  of  composition,  stands  unrivalled, 
sufficiently  confutes  the  honorable  gentleman's  doctrme 
of  the  individual  sovereignty  and  independence  of  the 
several  States. 

"  In  that  Declaration,  the  several  States  are  not  even 
enumerated,  but,  after  reciting  in  nervous  language  and 
with  convincing  arguments,  our  right  to  independence, 
and  the  tyranny  which  compelled  us  to  assert  it,  the 
Declaration  is  made,  in  the  following  words : — '  We,  there- 
fore, the  Representatives  of  the  United  States  of  America, 
in  General  Congress  assembled,  appealing  to  the  Supreme 
Judge  of  the  world  for  the  rectitude  of  our  intentions,  do, 
in  the  name,  and  by  the  authority  of  the  good  people  of 
these  Colonies,  solemnly  publish  and  declare,  that  these 
United  Colonies  are,  and  of  right  ought  to  be,  free  and 
INDEPENDENT  States.'     The  Separate  independence  and 


440  THE   KEPUBLIO.  [1788. 

individual  sovereignty  of  the  several  States  were  never 
thought  of  by  the  enlightened  band  of  patriots  who 
framed  this  Declaration.  The  several  States  are  not  even 
mentioned  by  name  in  any  part  of  it,  as  if  it  was  intended 
to  impress  this  maxim  on  America,  that  our  freedom  and 
independence  arose  from  our  Union,  and  that  without  it, 
we  could  neither  be  free  nor  independent.  Let  us,  then, 
consider  all  attempts  to  weaken  this  Union,  by  maintain- 
ing that  each  State  is  separately  and  individually  inde- 
pendent, as  a  species  of  pohtical  heresy,  which  can  never 
benefit  us,  but  may  bring  on  us  the  most  serious  distress." 

These  eloquent  remarks  were  followed  by  an  exposi- 
tion of  a  part  of  the  system,  which,  it  is  seen,  had  been 
elsewhere  the  source  of  much  clamor, — the  power  con- 
ferred upon  Congress  to  regulate  the  elections  of  its  mem- 
bers. He  closed  with  a  vindication  of  the  electoral  pro- 
cess of  choosing  the  President — with  a  defence  of  the 
powers  of  Congress,  particularly  respecting  commerce 
and  the  currency ;  of  the  omission  to  provide  for  trials  by 
Jury  in  civil  cases ;  and  with  a  forcible  reply  to  the  alle- 
gation, that  the  proposed  Government  was  a  violation  of 
the  Confederation.  The  honorable  gentlemen  say: — 
"Compacts  should  be  binding,  and  that  the  Confedera- 
tion was  a  compact.  It  was  so ;  but  it  was  a  compact 
that  had  been  repeatedly  broken  by  every  State  in  the 
Union ;  and  all  the  writers  on  the  laws  of  nations  agree, 
that  when  the  parties  to  a  Treaty  violate  it,  it  is  no  long- 
er binding.  This  was  the  case  with  the  old  Confedera- 
tion. It  was  virtually  dissolved ;  and  it  became  necessary 
to  form  a  new  Constitution  to  render  us  secure  at  home, 
respectable  abroad,  and  to  give  us  that  station  among  the 
nations  of  the  world,  to  which,  as  a  free  and  independent 
people,  we  are  justly  entitled." 

The  Convention  of  the  State  assembled  at  Charles- 


^T.  31.]  HAMILTON.  441 

ton  on  the  appointed  day,  and,  having  elected  General 
Thomas  Pinckney,  the  elder  brother  of  Charles  Cotes- 
worth,  its  President,  proceeded  to  discuss  the  Constitu- 
tion, by  paragraphs.  After  a  debate  of  nine  days,  in 
which  the  plan  of  Government  was  investigated  at  length, 
the  deep  interest  that  South  Carolina  had  in  its  estab- 
lishment shown,  and  after  the  rejection  of  a  proposition 
to  adjourn,  until  October,  to  await  the  action  of  Virginia, 
a  vote  was  taken,  showing  one  hundred  arid  forty-nine 
members  in  favor,  and  seventy-three  hostile  to  the  sys- 
tem. The  Constitution  was  then  ratified  unconditionally ; 
but  amendments  were  recommended  to  be  engrafted  on 
it  in  the  mode  it  prescribed.  Late  in  the  month  of  May, 
this  result  was  celebrated  in  Charleston,  by  a  numerous 
procession,  in  which  the  Ship  "Federalist,"  the  emblem 
of  the  commerce  of  the  United  States,  told  of  the  hopes 
and  future  power  of  this  great  Republic. 


CHAPTER    LII. 

As  FAR  as  any  distinction  can  be  observed  between 
the  motives  of  action  in  the  different  sections  of  the 
Union,  it  would  appear,  that  the  great  anxiety  of  the 
Northern  States  was,  that  the  proposed  Government 
should  conform  in  its  structure,  to  their  own  popular  in- 
stitutions. 

The  active  genius  of  their  people  felt  the  necessity  of 
conferring  powers  adequate  to  the  exigencies  of  the  whole 
Republic  ;  and  they  were  chiefly  desirous,  by  balances  in 
the  Constitution,  and  by  limitations  in  the  tenure  of  office, 
to  check  the  abuse  of  those  powers. 

The  Southern  States,  were  more  sohcitous,  lest  the 
new  system  should  interfere  with  their  peculiar  condition, 
and  render  their  wealth  tributary  to  the  superior  energy 
and  enterprise  of  those  engaged  in  Navigation.  The 
former  cared  most  for  the  direction  of  their  strength,* 
the  latter  for  the  protection  of  their  weakness.  But, 
though  thus  modified  by  their  respective  situations,  the 
prevailing  sentiment  throughout  the  Confederacy  was  a 
vigilant  jealousy  of  their  liberties. 

*  It  is  related,  that  at  the  close  of  the  war,  Washington  said  to  General  Lin- 
coln, "  We  know  what  we  Virginians  have  heen  fighting  for,  with  our  fine 
farms  and  climate ;  hut  can  you  tell,  what  it  is,  you.  New  Englanders,  have 
fought  for,  with  your  cold  and  barren  lands  ?"  "  Yes,"  Lincoln  replied,  "  for 
the  liberty  of  using  our  heads  and  our  hands." 


^T.  31.]  HAMILTON.  443 

In  those  members  of  the  League,  whose  action  on  the 
Constitution  has  thus  far  been  related,  the  great  mass  of 
talent  and  of  influence  had  been  exerted  in  its  favor. 
The  attention  is  now  called  to  States  of  primary  import- 
ance to  the  Federal  system,  where  the  conflict  was  more 
obstinate,  the  result  not  less  doubtful ;  the  interests  and 
motives  more  complicated — Virginia,  and  New  York. 

It  has  been  previously  mentioned,  in  a  letter  of  Gen- 
eral Washington,  that,  in  the  counties  of  Virginia  adja- 
cent to  his  residence,  the  Constitution  "  had  been  em- 
braced with  enthusiastic  warmth." 

Berkeley  expressed  her  gratitude  to  the  delegates  in 
the  Federal  Convention  who  had  signed  it.  The  clergy 
of  the  different  denominations  were  requested  to  return 
thanks  for  the  unity  of  its  proceedings,  and  pledges  were 
given  to  support  it. 

In  Fredericksburgh,  and  Petersburgh,  both  commer- 
cial tow^ns,  their  delegates  in  the  Legislature,  then  in  ses- 
sion, were  instructed  to  vote  for  a  State  Convention. 

Such  influence  as  Washington  felt  he  could  with  pro- 
priety exert,  amid  the  general  expectation,  that  he  was 
destined  to  the  Presidency,  was  used  by  him.  Patrick 
Henry  had  declined  an  appointment  to  the  Convention, 
"  to  reserve  himself,"  it  was  said,*  "  for  another  sphere, 
where  its  result  would  receive  its  destiny  from  his  omnip- 
otence." Immediately  after  his  return  to  Mount  Vernon, 
Washington  inclosed  a  copy  of  the  Constitution  to  Henry, 
stating  his  sincere  belief,  that  it  was  the  best  that  could 
be  obtained  at  that  time ;  and,  as  a  Constitutional  door 
was  opened  for  future  amendments,  that  the  adoption  of 
it  was  desirable.  "From  a  variety  of  concurring  ac- 
counts," he  observed,  "  it  appears  to  me,  that  the  pohtical 
concerns  of  this  country  are,  in  a  manner,  suspended  by 

*  Madison  to  Washington. 


4:4:4:  THE    REPUBLIC.  [1788. 

a  thread ;  and  that  the  Convention  has  been  looked  up  to 
by  the  reflecting  part  of  the  community,  with  a  sohcitude, 
which  is  hardly  to  be  conceived  ;  and,  if  nothing  had  been 
agreed  upon  by  that  body,  anarchy  would  have  ensued, 
the  seeds  being  deeply  sown  in  every  soil."  Henry  con- 
fessed, that  he  could  not  accord  with  the  plan. 

The  Legislature,  then  sitting  at  Richmond,  took  into 
consideration  the  call  of  a  State  Convention,  on  the 
twenty-fifth  of  October,  eighty-seven.  A  resolution 
having  this  object,  in  pursuance  of  the  recommendation 
of  Congress,  was  presented  by  Francis  Corbin.  It  was 
opposed  by  Henry,  on  the  ground,  that  it  implied  a  mere 
power  of  acceptance  or  rejection.  He  moved  an  amend- 
ment, which  gave  the  power  of  proposing  alterations.  In 
this.  Mason  concurred,  exclaiming — "  I  would  have  lost 
this  hand  before  it  should  have  marked  my  name  to  the 
new  Government."  Marshall,  a  now  great  and  venerated 
person,  replied — "  That  he  would  give  to  future  conven- 
tions the  fullest  latitude  in  their  deliberations ;  the  privi- 
lege of  considering  fully  and  freely  the  nature  of  the 
Government  in  which  we  were  to  live.  But,  he  would 
not  give  the  impression,  that  they  disapproved  the  new 
Government ;  and,  therefore,  he  moved  a  substitute,  which 
passed,  that  a  Convention  be  called,  and  "  the  View  Con- 
stitution be  laid  before  them  for  their  free  and  ample  dis- 
cussion." 

An  election  was  ordered  in  March,  of  a  Convention  to 
assemble  on  the  second  of  June.  "  The  new  Constitu- 
tion," Washington  wrote  to  Hamilton,  "  has,  as  the  public 
prints  will  have  informed  you,  been  handed  to  the  people 
of  this  State  by  an  unanimous  vote  of  the  Assembly,  but 
it  is  not  to  be  inferred  from  hence,  that  its  opponents  are 
silenced.  On  the  contrary,  there  are  many,  and  some 
powerful  ones — some  of  whom,  it  is  said,  by  over-shooting 


^Et.  31.]  HAMILTON.  445 

the  mark,  have  lessened  their  weight ;  be  this  as  it  may, 
their  assiduity  stands  unrivalled,  whilst  the  friends  to  the 
Constitution  content  themselves  with  barely  avowing  their 
approbation  of  it.  Thus  stands  the  matter  with  us  at 
present,  yet  my  opinion  is,  that  the  major  voice  is  favor- 
able." 

During  all  this  period.  New  York  was  the  political 
centre  of  the  United  States.  There  the  Generar  Con- 
gress was  in  session  ;  there  were  concerted  the  various 
devices  of  the  opposition ;  thence  radiated  the  light  of 
"  the  Federalist."  * 

It  has  been  mentioned,  that  a  letter  was  addressed  by 
Elbridge  Gerry  to  the  Legislature  of  Massachusetts,  as- 
signing his  reasons  for  refusing  his  signature  to  the  Con- 
stitution. 

On  the  tenth  of  October,  another  public  letter  was 
written  by  Richard  Henry  Lee,  then  a  delegate  in  Con- 
gress from  Virginia,  in  reply  to  Governor  Randolph  of 
that  State,  urging  "  the  formidable  combination  of  power 
conferred  by  the  Constitution  on  the  Executive  and  the 
Senate ;  and,  denouncing  the  indirect  process  of  electing 
the  former ;  his  term  of  office,  and  that  of  the  Senate ; 
and  their  little  responsibility.  You  are  therefore,"  he 
remarks,  "well  warranted  in  saying  *  either  a  monarchy 
or  an  aristocracy  will  be  generated,  perhaps  the  most 
grievous  system  of  Government.'"  He  suggested,  that 
previous  amendments  should  be  made,  of  which  an  out- 
line was  given;  and  that  a  Second  General  Convention 
be  called. 

Soon  after,  a  paper  was  promulgated  with  some  show 

*  That  eminent  jurist,  Chancellor  Kent,  relates  :  "  The  essays  composing 
this,**  as  he  styles  it,  " '  immortal  work,'  made  at  Ihe  time  a  wonderful  im- 
pression upon  reflecting  men." 


446  THE   EEPUBLIO.  [1788. 

of  importance,  entitled  "  The  objections  of  the  Hon. 
George  Mason  to  the  proposed  Constitution." 

Mason,  who  is  stated  to  have  been  the  framer  of  the 
Constitution  of  Virginia,  objected  to  the  House  of  Rep- 
resentatives, as  being  "  the  shadow  only,  of  representa- 
tion," to  the  powers  of  the  Senate  over  money  bills,  ap- 
propriations, the  salaries  of  officers — that  these  and  the 
other  great  powers,  would  "  destroy  the  balance  in  the 
Government,  and  enable  them  to  accomplish  what  usur- 
pations they  please,  upon  the  rights  and  liberties  of  the 
people  " — that,  the  President  had  "no  constitutional  coun- 
cil " — that,  the  Vice-President  was  "  a  dangerous  and  un- 
necessary officer."  The  Judiciary,  he  pronounced  of 
absorbing  power.  "  This  Government,"  he  observed,  at 
the  close,  "  will  commence  in  a  moderate  aristocracy.  It 
is  impossible  to  foresee,  whether  it  will,  in  its  operation, 
produce  a  monarchy  or  a  corrupt,  oppressive  aristocracy 
It  will  terminate  in  one  or  the  other."  These  publications 
gave  rise  to  much  angry  controversy.  Another  objector 
followed — Edmund  Randolph.  Of  a  stock,  who  boasted 
their  descent  on  one  side  from.  Pocahontas,  and  on  the 
other,  from  an  English  poet,  Randolph  had  increased 
his  influence  by  intermarriage  with  another  important 
family.  His  career  was  early  fortunate.  Soon  after  he 
began  his  professional  life,  he  was  appointed  Attorney 
General  of  the  State,  a  place  in  which  he  was  preceded 
by  his  father  and  grandfather.  Hence,  he  was  elected  a 
delegate  to  Congress  ;  and,  after  three  years'  service,  was 
appointed  a  delegate  to  the  General  Convention,  where, 
as  seen,  he  refused  to  sign  the  Constitution.  His  dissent 
was,  for  a  long  time,  ascribed  to  the  departure  in  the  plan 
from  that  which  he  had  proposed. 

Invited  by  his  friends  to  disclose  his  objections,  he 
stated,  that  his  letter  to  the  House  had  been  written  ever 


^T.  31.]  HAMILTON.  44Y 

since  its  date,  but  withheld  from  delicacy  as  to  two  ques- 
tions, then  depending — "  One,  respecting  the  Constitution  ; 
the  other,  myself.''''  In  this  letter,  he  gave  a  summary 
view  of  the  situation  of  the  Union,  and  of  the  defects  of 
the  Confederation,  which,  he  said,  "  must  be  thrown  aside." 
He  then  stated  his  objections  to  the  Constitution,  but  ob- 
served :  "  If  they  reject  it,  they  must  bid  a  lasting  fare- 
well to  the  Union."  The  personal  motive  is  explained,  by 
the  fact,  that,  at  the  date  of  the  withheld  letter,  he  was  a 
candidate  as  Governor ;  subsequent  to  it,  he  was  elected. 
About  the  same  time,  a  series  of  essays,  supposed  to 
be  from  the  pen  of  Richard  Henry  Lee,  were  circulated 
throughout  New  York  and  Connecticut,  by  the  Collector 
of  the  New  York  Impost,  Colonel  Lamb,  who  was  ap- 
pointed chairman  of  a  society  recently  formed  in  New 
York,  under  the  designation  of  "Republican,"  for  the 
purpose  of  defeating  the  Constitution.  Its  opponents,  in 
the  first  instance,  called  themselves  "  Federalists."  *  This 
name  they  yielded  to  the  friends  of  the  Constitution. 
They  then  called  themselves  "  Federal  Republicans ; " 
next,  adopted  the  name  of  "  Republicans,"  which  was,  ul- 
timately, merged  in  that  of  "  Democrats."  This  society 
contemplated  its  extension  throughout  the  States,  and 
letters  were  addressed  by  Lamb  to  its  leading  opponents 
in  different  sections  of  the  Union. f     To  counteract  the 

*  Life  of  John  Lamb,  306. 

f  "Col.  Oswold  was  sent  to  Virginia,  whence  Henry  wrote,  confident  of  its 
defeat:  "Four-fifths  of  our  inhabitants  are  opposed  to  the  new  scheme  of 
Government,  nine-tenths  of  those  south  of  James  river.  Col.  George  Mason 
has  agreed  to  act  as  chairman  of  our  '  Republican  Society.' "  North  Carolma, 
he  states,  was  more  decidedly  hostile  than  Virginia.  Richard  Henry  Lee  also 
entered  into  the  Association.  He  wrote,  denouncing  the  Constitution,  as  "  an 
elective  despotism."  A  correspondence  was  opened  with  "  Judge  Burke  and 
Rawlins  Lowndes,  of  South  Carolina ;  Timothy  Bloodworth,  of  North  Caro- 
lina;   Patrick   Henry  and  William   Grayson,   of  Virginia;    Samuel   Chase, 


M8  THE    REPUBLIC.  [1788. 

powerful  influences  in  Virginia,  a  letter  was  written  by 
Washington,  in  which  he  declared  his  conviction,  that  a 
second  Convention  "  will  agree  upon  no  general  plan ; " 
"  that  the  General  Government  was  at  an  end."  He  dep- 
recated the  consequences  of  a  fruitless  attempt  to  amend 
the  proposed  Constitution.  "  Of  this,"  he  said,  "  I  am  no 
blind  admirer ;  for  I  saw  the  imperfections  of  the  (Consti- 
tution, I  aided  in  the  birth  of,  before  it  was  handed  to  the 
pubhc ;  but  I  am  fully  persuaded,  it  is  the  best  that  can 
be  obtained  at  this  time  ;  that  it  is  free  from  many  of  the 
imperfections  with  which  it  is  charged  ;  and,  that  it,  or  dis- 
union, is  before  us  to  choose  from.  If  the  first  is  our  elec- 
tion, when  the  defects  of  it  are  experienced,  a  constitu- 
tional door  is  opened  for  amendments,  and  may  be  adopted 
in  a  peaceable  manner,  without  tumult  or  disorder." 

This  disclosure  of  his  views  was  arraigned  with  great 
personahty,  and  bitterness.  While  these  influences  were 
exerted  upon  Virginia,  the  struggle  in  New  York  was 
steadfastly  maintained. 

The  most  determined  opponent  of  the  Constitution 
was  Governor  Clinton,  who  directed  against  it  all  the 
weight  of  his  official  influence,  every  local  prejudice  and 
interest.  Hamilton  was  its  foremost  champion,  exerting 
all  his  powers  of  mind,  and  all  his  zeal.  "  He  watched 
forever  over  the  Constitution,"  said  a  warm  fellow-sol- 
dier, "  for  it  was  his  child. " 

The  Legislature  of  New  York  met  in  January.  The 
speech  of  the  Governor  urged  the  importance  of  keeping 
up  the  Representation  in  Congress.     Having  adverted  to 

of  Maryland,  and  Joshua  Atlierton,  of  New  Hampshire.  All  these  entered 
very  zealously  into  the  scheme,  and  concurred  in  representing  the  great  body 
of  the  •people  of  their  respective  States,  as  being  determinedly  hostile  to  the 
adoption  of  the  Constitution."  Ibid.  307  to  314.  See  letters  of  Henry, 
Lowndes,  R.  H.  Lee,  S.  Chase,  Grayson,  and  Atherton. 


u^T.  31.]  HAMILTON.  449 

topics  of  State  interest,  he  placed  before  them  the  pro- 
ceedings of  the  General  Convention,  and  the  act  of  Con- 
gress for  their  transmission  to  the  States,  with  this  remark  : 
"  From  the  nature  of  my  office,  you  will  easily  perceive, 
it  would  be  improper  in  me  to  have  any  other  agency  in 
the  business,  than  that  of  laying  the  papers  before  you  for 
your  information."  He  then  congratulated  them  on  the 
situation  of  the  country,  pronouncing  the  profuse  use  of 
foreign  luxuries,  "  the  source  of  most  of  the  existing  diffi- 
culties ; "  and  recommended  the  encouragement  of  manu- 
factures. Among  the  papers  referred  to,  was  a  letter 
from  Yates  and  Lansing,  stating  their  reasons  for  with- 
drawing from  the  Convention,  which  confirmed,  beyond 
question,  the  alleged  hostility  of  its  authors  to  any  General 
Government. 

On  the  twenty-second  of  January,  the  election  of 
Delegates  to  Congress  was  held.  After  an  unsuccessful, 
but  vindictive  opposition  to  Hamilton — whose  signature 
to  the  Constitution  was  denounced  as  "  an  open  defiance 
of  the  State,  and  of  his  colleagues,  as  an  attempt  to  trans- 
fer power  from  the  many  to  the  few,"  he,  with  four  other 
persons,  was  chosen. 

A  resolution  calling  a  Convention  being  submitted  to 
the  Legislature,  by  Benson ;  a  substitute  was  offered,  assail- 
ing Hamilton,  by  a  declaration,  that  the  Delegates  from 
New  York  were  merely  empowered  to  propose  amend- 
ments to  the  Articles  of  the  Confederation  ;  *  that  the 
Federal  Convention  had  greatly  exceeded  their  powers  in 
reporting  a  plan  of  Government  which  would  alter  the 

*  "  But  for  the  daring  energy  of  that  Delegate,  who  assumed  the  responsi- 
bility of  exercising  powers,  denied  by  his  more  prudent  colleagues,  and  which 
a  vast  majority  of  his  Constituents  utterly  repudiated,  we  might  never  have 
obtained  the  great  blessing  of  a  powerful,  yet  free  Government."  Life  of 
Lamb,  319.  ^^       ^^ 

Vol.  IIL— 29 


450  THE    REPUBLIC.  [1788. 

State  Constitution,  and  greatly  affect  the  rights  and  privi- 
leges of  the  people.  The  resolutions  which  were  to  fol- 
low, were  not  disclosed.  Benson,  having  defended  the 
action  of  the  Convention,  and  impeached  the  motives  of 
the  opposition,  produced  a  paper,  containing  the  withheld 
resolutions,  one  of  which,  declaring  the  disapprobation  by 
the  Legislature  of  the  Federal  Constitution,  was  oblitera- 
ted. He  adduced  this  to  show  their  original  purpose, 
commenting  on  this  attempt  to  prejudice  the  public  mind. 
After  a  prolonged  debate,  the  substitute  was  rejected,  and 
the  original  resolution  was  adopted  by  a  majority  of  five 
votes.  An  attempt  was  made  in  the  Senate,  by  Yates,  to 
commit  this  resolution.  It  was  resisted  by  General  Schuy- 
ler, Duane,  and  Lawrence,  and  was  defeated.  The  res- 
olution, for  a  State  Convention  to  meet  on  the  seventeenth 
of  June,  was  carried  by  a  majority  of  three  members — 
the  time  being  selected,  in  concert  with  the  opposition  in 
Virginia. 

The  obstinacy  of  the  Anti-federalists  is  seen  in  the 
various  efforts  to  prejudice  the  pubHc  mind,  and  in  the 
closeness  of  these  votes.  It  was  also  strongly  evinced  in 
a  discussion  which  arose  a  few  days  after.  A  bill  had 
passed  the  Senate,  prescribing  certain  oaths — one  of 
allegiance  to  the  State  Constitution.  Benson  moved  its 
rejection,  insisting  that  the  term,  "  allegiance  was  little 
understood,  and  very  indefinite.  Allegiance,"  he  said,  "  was 
due  to  the  General  Sovereign,  and,  since  the  Confedera- 
tion, was  not  due  to  an  Individual  State,  but  to  the  United 
States  in  Congress,  they  possessing  all  the  great  powers 
of  Sovereignty."  The  distinct  object  of  the  bill  was  then 
tested  by  d  motion  to  erase  the  words  "  allegiance  to  the 
State  of  New  York,"  and  to  insert  "  to  the  United  States.  " 
In  opposition,  it  was  urged,  that  a  power  to  make  war  or 
peace,  did  not  constitute  the  Sovereignty ;  and   it  was 


^T.  31.]  HAMILTON.  451 

asked,  if  taking  arms  against  the  Constitution  of  New 
York  was  not  treason  ?  The  sovereignty  was  divided. 
Their  situation  was  like  that  of  the  German  Empire,  where 
the  oath  of  allegiance  was  to  the  separate  States. 

Allegiance,  the  Federalists  admitted,  was  due  to  the 
sovereignty  of  the  State.  But  were  not  the  people  the 
sovereigns,  and  the  Legislature  merely  their  Representa- 
tive ?  Does  the  majority  choose  to  change  the  Govern- 
ment, allegiance  is  due  to  that  majority.  All  the  Sover- 
eignty was  not  in  the  United  States,  but  the  powers  of 
sovereignty  were,  to  which  allegiance  was  due.  If  one 
State  may  require  an  oath  of  allegiance  to  itself,  may  not 
every  other  State  ?  What  would  be  the  effect  of  such 
conflicting  oaths  ?  Should  the  United  States  declare  war 
against  an  enemy,  and  New  York  refuse  to  declare  war, 
what  would  be  his  situation,  who  had  taken  an  oath  of 
allegiance  to  the  State  ?  By  this  oath,  a  man  might  be 
prohibited  taking  arms  to  change  the  Constitution  of  the 
State,  If  this  was  intended,  it  should  be  avowed.  But  it 
was  impossible  to  bind  individuals  to  remain  unalterably 
under  the  same  Government — yet  under  such  an  oath,  no 
man  could  attempt  a  change.  The  State  did  not  want  the 
additional  security  of  an  oath.  If  oaths  had  an  eflicacy, 
let  the  General  Government  have  the  support  of  them, 
for  there  it  was  most  requisite.  Towards  it,  had  been  the 
greatest  delinquencies.  In  war,  the  citizen  would  hold 
himself  bound  to  promote  the  public  measures— in  Peace, 
to  the  strictest  observance  of  treaties.  The  States  would 
thus  be  better  enabled  to  perform  their  Federal  duties,  and 
to  preserve  the  Union.  Against  the  force  of  party  and 
State  prejudice,  these  arguments  had  little  weight.  The 
bill  passed  by  the  vote  of  three  fourths  of  the  Legislature. 

Intelligence  received  at  this  time,  of  the  ratification  of 
the  Constitution,  by  Massachusetts,  greatly  encouraged  its 


452  THE    REPUBLIC.  [1788. 

friends,  or  as  they  were  now  known — The  "  Federalists." 
This  event  was  celebrated  by  them,  at  New  York,  with 
much  exultation ;  and  they  commenced  the  canvass  for  the 
choice  of  Delegates  to  the  State  Convention,  with  renewed 
hopes.  The  spirits  of  its  opponents  flagged,  their  violence 
was  exasperated.  The  former  appealed  to  the  public 
creditors,  and  inquired,  who  could  repair  the  violated  faith 
of  the  nation  ?  They  charged  upon  their  antagonists,  the 
disfranchisements,  and  confiscations,  which  had  stained  the 
early  pages  of  American  History  ;  asked,  where  was  the 
evidence  of  their  vaunted  devotion  to  liberty,  when  its 
loudest  advocates  would  have  denied  to  the  people,  free- 
dom of  choice  as  to  the  Government  under  which  they 
would  live  ? — and  pointed  to  the  Federal  Constitution,  as 
the  only  remedy  for  existing  evils.  The  Anti-federalists 
alarmed  the  jealousy  of  the  people  by  exaggerated  repre- 
sentations of  the  powers  of  the  new  Government.  The 
President,  they  declared,  was  a  king,  in  every  thing  but 
the  name  ;  the  Senate,  an  irresponsible  aristocracy ;  the 
judiciary,  a  permanent  tribunal,  not  less  dangerous  than 
"  a  Star  Chamber." 

The  zeal  of  the  Federalists  was  imputed  to  a  thirst  of 
power,  or  of  money  ;  and  the  ex  post  facto  clause  was  rep- 
resented as  a  provision  "  to  protect  public  defaulters ! " 

As  each  successive  State  adopted  the  Constitution,  the 
result,  as  seen,  was  signahzed  by  a  festival.  The  national 
pulse  beat  high,  and  the  triumph  was  extending  over  the 
Union. 

This  rejoicing  at  the  prospect  of  the  national  salva- 
tion, was  resented  by  the  Anti-federaHsts,  as  an  indignity ; 
and  was  followed  by  calumny,  and  by  outrage.  The  idle 
tale  of  a  project  in  the  Convention,  to  i/ivite  the  Bishop 
of  Osnaburgh  to  a. throne,  was  widely  circulated.  To 
weaken  the  impression  of  the  "  Federalist,"  it  was  pub- 


^T.  31.]  HAMILTON.  453 

lished,  that  its  authors,  "  Hamilton  and  Madison,  both  pro- 
posed, in  the  great  conclave,  having  a  king."* 

In  Pennsylvania,  its  adoption  by  that  State  was  im- 
puted to  the  influence  of  the  Bank,  and  to  the  corruption 
of  Robert  Morris.  The  interior  counties  were  misled  by 
these  representations,  and  at  Carlisle,  an  assemblage  to 
celebrate  this  event,  was  driven  from  the  ground.  The 
following  day,  its  ratification  was  announced  amidst  volleys 
of  musketry.  The  mob  then  assembled  under  arms,  and 
burnt  in  efligy,  the  Chief  Justice  McKean  and  James 
Wilson,  both  signers  of  the  Declaration  of  Independence. 
The  rioters  were  committed  to  prison.  An  armed  body 
of  a  thousand  men  marched  into  the  town,  released  the 
prisoners,  and  burned  the  commitment.  In  the  County 
of  Ulster,  in  New  York,  the  seat  of  Governor  Clinton's 
greatest  personal  influence,  after  a  formal  procession,  the 
Constitution  was  trampled  under  foot,  and  committed  to 
the  flames  amidst  the  incessant  shouts  of  a  large  concourse 
of  his  partisans.  In  Albany,  there  was  open  violence. 
Having  burned  the  Constitution,  its  opponents  planted 
cannon  in  the  street,  to  stop  the  progress  of  a  Federal 
procession,  led  by  Schuyler  ;  and  assailed  it  with  missiles. 
A  rencontre  ensued  ;  bayonets  and  cutlasses  were  used, 
wounds  inflicted.  The  influence  of  the  dominant  party 
was  also  directed  against  the  press.  Among  other  instan- 
ces, Abraham  Yates,  the  devoted  friend  of  Clinton,  prose- 
cuted the  editors  of  a  gazette  for  an  alleged  libel  in  the 
course  of  their  defence  of  the  Constitution.     Schuyler 

*  Washington  wrote,  "  their  strength,  as  well  as  that  of  those  of  the  same 
class  in  other  States,  seems  to  lie  in  misrepresentation,  and  a  desire  to  inflame 
the  passions,  and  alarm  the  fears  hy  noisy  declamation,  rather  than  to  convince 
the  imderstanding  by  sound  argimaents,  or  fair  and  impartial  statements. 
Baffled  in  their  attacks  upon  the  Constitution,  they  have  attempicd  to  vilify  and 
debase  the  characters  icJio  formed  it,  but  I  trust  they  will  not  succeed.^ 


454  THE   KEPUBLIC.  [1788. 

resolved,  that  this  attempt  to  silence  the  press  should  be 
resisted.  Hamilton  volunteered  in  its  defence,  and  the 
suit  was  abandoned.  Soon  after  the  elections  for  Dele- 
gates to  the  New  York  Convention  were  held  ;  and  a  large 
majority  appeared  against  the  Constitution. 

In  the  city,  looking  to  the  chance  of  carrying  the  elec- 
tion, in  opposition  to  the  Constitution,  Aaron  Burr,  who 
had  been  contemplated  as  a  candidate,  and  was  also  in 
view  as  a  member  of  the  State  Convention,  in  case  a  Con- 
vention were  called,  deterred  by  the  influence  Hamilton 
had  obtained,  withdrew  his  name.  Governor  Clinton, 
Colonels  Lamb,  Willet,  and  Melanchthon  Smith,  were 
named  as  Delegates  for  the  city,  to  the  State  Convention  ; 
but,  as  the  period  of  election  approached,  seeing  their 
defeat  inevitable,  they  also  withdrew.  Clinton  was  then 
elected  in  Ulster  County,  and  Smith  chosen  in  Dutchess. 

Previous  to  this  election,  a  great  riot  occurred  in  the 
city  of  New  York,  the  duration  whereof  shows  the  weak- 
ness of  the  municipal  authority.  The  people  had  been 
incensed  at  the  indecent  exposure  of  bodies,  recently  dis- 
inteired  for  anatomical  purposes.  They  rose  and  pursued 
the  physicians,  who  were  confined  to  a  prison  by  the 
magistracy,  as  the  only  place  of  security.  The  rioters, 
known  as  the  "  Doctors'  Mob,"  determined  to  force  the 
jail.  Hamilton  placed  himself  at  the  head  of  a  body  of 
citizens,  and  suppressed  the  tumult.  He  nevertheless 
sympathized  with  the  sensibihties  of  the  people,  calling  it, 
in  private,  a  righteous  mob.* 

Eight  States  had  adopted  the   Constitution,  three  of 

*  In  Life  of  Jay  i.  261.  The  discontinuance  of  Mr.  Jay's  contributions  to 
"the  Federalist "  is  ascribed  to  an  injury  suffered  by  him  during  this  riot. 
This  -woTild  seem  to  be  an  error,  as  the  last  number  but  one  of  those  ascribed 
to  Mr.  Jay,  was  published  in  November,  1787.  The  "  Doctors'  Mob  "  did  not 
take  place  until  April  IZth  and  lUh,  1788. 


^T.  31.]  HAMILTON.  455 

them  were  planting  States.  Would  Virginia,  the  most 
populous  member  of  the  league,  holding  in  her  wide 
embrace  a  vast  domain,  and  believed  to  lead  in  her  train 
the  State  of  North  Carolina,  concur  in  this  great  measure? 
or,  placing  herself  as  a  counterpoise  to  Massachusetts, 
would  she,  misled  by  her  ambition,  endeavor  to  form  a 
new  dependent  confederacy?  This  was  a  question  of 
intense  solicitude  to  every  friend  of  the  Union. 

From  her  geographical  position,  few  of  the  large  States 
had  stronger  motives  to  establish  a  National  Government. 
Accessible  from  the  ocean,  by  numerous  estuaries,  to 
maritime  inroads,  without  a  maritime  force  to  repel  them ; 
almost  separated  from  her  interior  by  a  belt  of  mountains, 
nearly  a  hundred  miles  in  width  ;  this  large  interior,  which, 
as  it  stretched  toward  the  Mississippi,  swelled  her  pride  ; 
though,  it  promised  future  greatness,  was  a  source  of  present 
weakness.  For,wilhin  its  glens  and  valleys,  she  had  nurtured 
populous  tribes  of  Indians,  skilled  in  and  fond  of  war,  w^hom 
she  had  in  vain  sought  to  subdue  ;  and  whose  hostihty  was 
supposed  to  be  fomented  by  Spain,  claiming  the  exclusive 
navigation  of  the  great  river  of  the  West,  wedded  to  her 
possessions,  jealous  of  intrusion,  hating  the  growth  of  a  pop- 
ular government.  Thus,  in  war,  no  State  was  more  vulner- 
able. In  peace,  her  prosperity  rested  upon  an  advantageous 
market  for  her  staples,  the  chief  of  them,  a  mere  luxury, 
easily  dispensed  with — not  difficultly  supplied  ;  and  upon 
the  development  of  her  great  natural  resources  by  an 
equal  and  mutual  interchange  of  her  products  with  the 
other  States. 

The  character  of  her  population  precluded  an  adapting 
change  in  the  objects  of  their  labor.  Her  efforts  to  work 
her  mines  had  not  been  rewarded.  Her  laws  to  encour- 
age manufactures  had  been  unsuccessful ;  and  she  was 
compelled  to  rely  for  fabrics  of  primary  necessity,  upon 
foreign  industry. 


456  THE    EEPUBLIC.  [1788. 

Her  people,  though  chiefly,  were  not  solely  of  English 
descent.  In  the  central  valley  of  the  State,  were  a  body 
of  untaught  Germans.  At  the  falls  of  the  James,  a  few  kind- 
ly-welcomed Huguenots.  At  the  feet  of  her  mountains,  were 
the  Scotch  Irish — a  persevering,  independent,  intelligent 
race  ;  while  the  seaboard,  and  the  borders  of  its  inflowing 
waters,  were  occupied  by  the  progeny  of  the  original  set- 
tlers. Of  these,  the  first,*  as  is  usual  in  colonies  not 
military,  were  mere  adventurers,  transported  thither  by  a 
chartered  company ;  little  suited  to  their  new  condition ; 
reinforced  by  a  few  of  another  class,  allied  to  members  of 
the  company,  "  who  were  men  of  quality  and  fortune,"  f 
followed  by  others,  accustomed  to  labor.  The  few  ob- 
tained early  grants,  chiefly  of  the  rich  soil  lying  along  the 
rivers  ;  other,  later,  of  extensive  inlands.  Property  was 
thus  held  in  large  masses  ;  much  of  it,  under  the  culture  of 
slaves  introduced  soon  after  the  settlement.  These  masses 
were  continued  by  the  English  laws  of  primogeniture  and 
entails,  which  were  in  force  to  the  end  of  her  colonial 
existence. 

The  power,  anterior  to  the  Revolution,  resided  in 
families ;  whose  possessions,  education,  and  habits  had 
given  them  a  commanding  influence  ;  of  a  demeanor  most 
kind  and  courteous — of  an  abounding  hospitality — pro- 
fuse in  their  expenditure — looking  down  with  disdain 
on  the  pursuits  of  commerce,  in  the  hands  of  a  few  for- 
eign agents  of  foreign  capitalists — the  creditors  of  men, 
who,  always  needing  credit,  seemed  incapable  of  learning 
its  true  value. J 

*  1606. 

t  These  views  of  Virginia  are  derived  chiefly  from  the  "  Westover  Papers, 
by  Colonel  Byrd  " — a  member  of  th«  Colonial  Council,  and  from  Jefferson's 
works. — Westover  Papers,  p.  2. 

X  Ibid.     Colonel  Byrd  writes, — "  English  merchants  easily  find  out  means 


^T.  81.]  HAMILTON.  457 

By  birth  and  education,  attached  to  the  Church  of 
England,  they  made  its  estabhshment  an  affair  of  State  ; 
gave  to  its  clergy  a  legal  provision,  and  fenced  it  in,  by 
imposing  on  dissent  severest  penalties.  The  Papist  and 
the  Quaker  were  both  outlawed.  There  were  no  free 
schools,  and  printing  for  a  time  was  subject  to  a  license. 
As  a  consequence,  the  inhabitants  below  the  gentry  were 
grossly  illiterate — easily  influenced.  They  were  either 
small  cultivators,  frequently  of  leaseholds,  or  dependent 
whites — shopmen  a  few,  and  many  slaves.  There  was 
no  intermediate  body  of  manly  artificers.  The  mechanic 
arts  were  little  practised.  It  was  a  community,  in  which 
the  idea  of  wages,  that  great  measure  of  value,  and  im- 
portant element  of  wealth,  was  almost  unknown.  The 
more  ready  the  many  were  to  follow,  the  greater 
would  be  the  disposition  of  the  few  to  lead ;  and,  in  no 
part  of  this  country,  has  the  lead  of  the  few  been  more 
absolute,  or  longer  continued.  The  Colonial  Planters 
felt  their  importance  ;  and,  though  warmly  attached  to 
the  Crown,  this  sense  of  individual  power  rendered  them 
more  alive  to  its  encroachments,  and  imparted  a  higher 
value  to  their  political  and  social  rights.  The  charter 
Government  of  this  Colony  had  little  regard,  in  its  organ- 
ization, to  the  rights  of  the  colonists  ;  for  all  its  powers 
were  in  a  Council  resident  in  England,  appointed  and 
governed  by  the  King.  This  would  not  long  be  submit- 
ted to,  in  quiet.  The  colonists  yearned  for  a  local  repre- 
sentation chosen  by  themselves ;  and,  yielding  to  their 
wishes,  the  Home  Council  sanctioned  the  existence  of 
such  a  body,  in  which,  together  with  a  Governor  and 
Council  appointed  by  the  paramount  Council,  the  Gov- 
ernment was  reposed,  its  acts  subject  to  the  ratification 

to  injlame  the  accounts.     Just  like  tlie  bald  eagle,  which,  after  the  fishing 
hawk  hag  been  at  great  pains  to  catch  a  fish,  pounces  upon  and  takes  it." 


458  THE  REPUBLIC.  [1788. 

of  the  Chartered  company.  This  soon  gave  place  to  a 
Royal  Government,  composed  of  a  Governor  and  twelve 
Counsellors.  Discontent  and  resistance  followed ;  until, 
at  last,  the  people  were  authorized  to  choose  Representa- 
tives, who,  with  the  Governor  and  Council,  were  invested 
with  legislative  power  ;  and  that  of  establishing  a  judici- 
ary, who  were  governed  by  the  common  law  of  England, 
its  imperial  statutes  affecting  the  Colony,  and  its  local 
enactments. 

This  Colony  had  only  existed  half  a  century,  when  its 
Assembly,  rejecting  the  distinction,  elsewhere  assented  to, 
between  external  and  internal  legislation  by  Parliament, 
claimed  the  right  to  regulate  its  own  trade,  and  asserted 
that  of  a  free  trade  with  all  mankind.  This  became  the 
common  opinion,  and  the  Revolution  opened  upon  a  peo- 
ple prepared  to  affirm  its  principles  to  the  fullest  extent. 

Such  enlarged  views  ought  to  have  produced  a  liberal 
warmth  and  fellowship  with  the  other  Colonies,  but, 
though  acting  in  concert  for  a  common  object,  it  was  not 
so.  The  religious  prejudices  brought  from  the  mother 
country,  were  long  nurtured  on  their  lonely  plantations. 
The  New  Englanders  were  spoken  of,  as,  *'  a  puritanical 
sect,  with  Pharisaical  peculiarities  in  their  worship  and 
behavior."*  Trade  was  an  unfit  calhng,  and  a  trade 
eluding  laws,  though  pronounced  void,  was  justly  regard- 
ed as  demoralizing.  Such,  they  charged,  was  much  of 
the  trade  of  the  Eastern  provinces.  The  dwellers  of 
New  York  had  not  more  favor.  The  Dutch  were  also 
traders — a  "  slippery  people  "f — intruders  on  Virginia — 
encroachers  and  reformers.  New  Jersey,J  in  a  religious 
aspect,  was  not  less  obnoxious  ;  peopled  by  "  a  swarm  of 
Scots  Quakers,  who  were  not  tolerated  to  exercise  the 
gifts  of  the  spirit  in  their  own  country  "-^by  "  Anabap- 

*  Westover  Papers,  p.  4,  f  Ibid.  5.  J  Ibid.  6. 


^T.  81.]  HAMILTON. 


tists,"  too,  and  some  "Swedes."  The  merits  of  Penn 
were  equivocal — he  was  not  immaculate ;  but,  though 
"  Quakers  had  flocked  to  Pennsylvania  in  shoals,"  they 
had  the  virtues  of  "diligence  and  frugality,"  and  the 
"  prudence  "  which  became  non-combatants.*  Maryland 
was  a  commodious  retreat  for  Papists,  for  whom  "  Eng- 
land was  too  hot,"f  and  to  whom,  as  a  neighbor,  Virginia 
was  a  little  cold.  The  Carolinas,  left  "derelict  by  the 
French  and  Spaniards  " — were  the  regions  of  pines  and 
serpents — dismal  in  their  swamps,  and  deadly  in  their 
malaria.  Thus,  in  the  eyes  of  her  favored  few%  Virginia 
was  the  paradise  of  the  New  World. 

When  the  Revolution  began,  her  men  of  high  mettle 
joined  the  army — the  more  peaceful  talent  sought  civil 
distinctions.  New  men  seized  the  helm.  Acts  were 
passed,  putting  an  end  to  primogeniture  and  entails,  as 
was  said,  "  to  make  an  opening  for  the  aristocracy  of  vir- 
tue and  talent."  J  The  laws  for  the  support  of  the  clergy, 
and  punishing  dissent,  were  also  repealed,  "to  abolish 
this  spiritual  tyranny." 

Thus,  distinctions  of  family,  of  fortune,  of  station,  of 
opinion  were  merged — for  a  time  ;  and  all  were  borne 
along  by  the  impulsive  genius  of  Patrick  Henry,  or 
soothed  and  swayed  by  the  ductile  arts  of  Jefferson. 
But  the  period  of  excitement  and  of  danger  passed ;  and 
the  landed  aristocracy  still  held  their  sway,  for  the  laws 
to  break  it  up  required  time  for  their  operation.  A  new 
direction  was  given  to  their  ambition. 

For  the  pride  of  Virginia,  as  a  Colony,  her  pride  as  a 
State,  was  to  be  flattered.  The  new  leaders  seized  upon 
the  dominant  feeling,  and  carried  it  with  them.  While, 
they  proclaimed  resistance  to  the  oppression  of  England ; 

*  Wegtover  Papers,  6.       f  Ibid.  7,       %  Jefferson's  Works,  i  30,  82. 


460  THE   KEPUBLIO.  [1788. 

they  insisted,  that  Virginia  was  the  first  to  resist — that 
Virginia  ought  to  lead — that  Virginia  must  govern. 

Their  recent  political  institutions  marked  the  course 
and  influence  of  the  past.  The  House  of  Burgesses  had 
fought  the  civil  battles  of  the  Colony  with  the  Governors, 
appointed  by  the  Crown ;  and  "  the  Counsellors  of  State 
had  been  habitually  selected  by  the  King  from  the  Patri- 
cian order."  It  was  deemed  a  sufficient  change  of  Gov- 
ernment, that  this  Governor,  and  these  Counsellors,  should 
be  elected  by  this  House  of  Burgesses.  Thus,  all  that 
was  desired  was  accomplished.  These  Burgesses  were 
still  elected  by  freeholders. 

Though,  in  theory,  republican ;  in  practice,  this  State 
was  not  one,  but  a  composition  of  numerous  oligarchies.* 
Its  Constitution,  while  it  professed  to  vest  all  power  in 
the  Legislature,  as  the  immediate  delegates  of  the  people, 
reposed  much  of  it  in  her  County  Judicatories — each  of 
which  was  the  source  of  patronage,  and  the  avenue  to 
preferment.  Hence  resulted,  local  feehngs  and  local  in- 
fluences. Here,  grew  up  a  constant  succession  of  small 
great  men,  jealous  of  their  own  importance — but  careful 
not  to  offend  the  many ;  hostile  to  enlarged  views  of  Na- 
tional or  State  policy  ;  and  exacting  implicit  deference 
from  their  superiors.  Above  them,  soared  minds  of  high 
and  palmy  vigor ;  but  it  was  a  vigor  exerted  under  an 
ever-present  sense  of  dependence  upon  inferiors,  they 
could  neither  control  nor  disregard ;  and,  with  a  few  rare 
and  elevated  exceptions,  her  public  men  are  seen,  bowing 
and  bending  before  the  popular  breeze.  To  this  fact  may 
be  ascribed  her  unequal  contributions  to  the  general  cause, 
in  the  greatest  emergencies,  previously  stated,  and  justly, 
and  often,  censured  by  her  more  eminent  citizens.f 

*  Jefferson's  "  Notes  on  Virginia." 

+  Colonel  Grayson,  afterwards  one  of  her  Senators,  thus  wrote  to  General 


^T.  31.]  HAMILTON.  401 

Although  the  incidents  of  the  Revolution  had  taught 
Virginia  her  weakness ;  though  the  dangers  of  anarchy 
and  of  civil  war  were  before  her,  still  this  unsocial  pride 
of  State  was  cherished.  To  be  an  American  citizen,  was  a 
secondary  boast  to  that  of  being  a  child  of  the  "  Old  Do- 
minion ; "  and  the  sense  of  great  public  interests  seems, 
for  a  time,  to  have  sunk  under  the  doubt,  whether,  if  Vir- 
ginia should  adopt  the  Constitution,  she  was  to  shine,  as  a 
primary,  controlling  orb ;  or  to  revolve,  restrained  by  the 
general  laws  of  the  new  system.  Political  ambition  con- 
curred with  private  interests  in  obstructing  her  onward 
steps.  Of  the  large  planters,  a  minority — and  that  not 
small,  shrank  from  a  collision  with  the  democratic  prin- 
ciples of  New  England,  to  be  brought  into  action 
through  the  medium  of  a  government  with  National 
laws,  expounded  by  a  National  Judiciary,  and  enforced 
by  the  National  arm.  The  equahzing  policy  of  the 
East,  not  differing  in  theory  from  their  own  recent  leg- 
islation ;  in  practice,  shocked  their  prejudices.  It  seem- 
ed to  expose  to  hazard  their  personal  independence,  and 
personal  superiority,  which  they  esteemed,  as  the  choicest 
of  blessings.  The  canker  of  debt  deferred,  with  accumu- 
lated arrears  of  interest,  had  eaten  deeply.*  It  was  a 
disease  that  winced  at  the  knife.     Under  the  new  Con- 

Smallwood.  June  26,  1780: — "The  rejection  of  the  Resolution  of  Congress 
respecting  finance,  was  a  fatal  stab  to  the  independence  of  America.  If  Vir- 
ginia does  not  rescind  her  determination,  we  are  all  imdone.  Her  persisting 
in  the  idea,  will  not  only  deprive  herself  of  resources,  but  the  whole  Conti- 
nent. This,  added  to  her  Kentucky  policy,  and  her  want  of  exertion  in  af- 
fording assistance  to  South  Carolina,  will  place  her  in  a  very  disagreeable 
point  of  view  with  respect  to  the  other  States." 

*  These  debts,  of  nearly  ten  millions  of  dollars,  had  become  hereditary 
from  father  to  son,  of  many  generations ;  so  that,  the  planters  were  *'  a  species 
of  property  annexed  to  certain  mercantile  houses  in  London." — Jeflferson.  The 
debts  claimed  against  Virginia,  under  the  treaty  with  England,  amounted  to 
$8,500,000. 


462  THE    REPUBLIC.  [1788. 

stitution,  State  laws  could  no  longer  defer  their  collec- 
tion. The  titles  to  large  tracts  of  territory  were  ques- 
tionable. These  were  subjects  of  interested  anxiety. 
By  the  indebted  and  the  speculative,  an  insolated  immu- 
nity would  be  preferred.  A  strenuous  party  of  opposi- 
tion was  also  found  in  the  inhabitants  of  the  far  frontier, 
averse  to  government — the  back-woodsmen  of  the  Kan- 
awha and  the  Kentucky ;  whose  reading  was  in  the  Al- 
manac ;  whose  arbiter,  the  rifle  ;  upon  whose  ears  the 
Sabbath  bell  never  broke  ;  whose  traditions,  and  whose 
memories,  were  all  of  early  hardships,  and  of  border 
strifes.  So  broad  a  mass  of  opposition,  the  politicians, 
many  of  them,  were  unwilling  to  encounter,  in  behalf  of 
a  government,  which,  as  it  arose  in  the  scale  of  political 
importance,  they  felt,  they  must  sink.  Even  of  those 
most  favorable,  some  had  not  dared  openly  to  initiate  it  ;* 
and  others,  failing  to  establish  a  system,  analogous  to  that 
of  Virginia,  wavered  in  their  support.  Calmer,  less  in- 
terested men,  looked  doubtfully  on  the  novel,  complicated 
scheme  ;  and  the  words  "  Monarchy  " — "  limited  Mon- 
archy," were  heard  to  escape  their  murmuring  lips. 

Disappointed  in  his  effort  to  introduce  the  Virginia 
model,  Randolph  for  a  time  disclaimed  the  Constitution. 
Madison  wisely  and  ably  sustained  it.  A  circumstance 
which  may  well  be  supposed  to  have  attracted  Virginian 
support  to  the  new  Government,  ought  not  to  be  over- 
looked— the  fact,  that  it  came  recommended  by  the  signa- 
ture of  Washington ;  and,  that  he  was,  by  almost  univer- 
sal expectation,  looked  to,  as  the  President. 

*  Madison  states,  how  truly  cannot  be  ascertained,  that  the  resolve  of  Vir- 
ginia, to  call  a  Convention  at  Annapolis,  was  prepared  by  him,  but  introduced 
by  Mr.  Tyler,  because  of  his  (Madison's)  known  wish  for  an  enlargement  of 
the  powers  of  Congress. — Curtis's  History  of  the  Constitution.  Note  to  page 
426,  vol.  i. 


^T.  31.]  HAMILTON-.  463 

But,  this  very  expectation  had  kindled  an  opposition  to 
it.  In  the  brief  narrative  of  the  Cabal,  the  names  of  the 
more  prominent  of  his  opponents  are  recorded.  Many 
of  the  same  names  are  to  be  found  in  opposition  to  the 
Constitution — a  lamentable  evidence  of  the  influence  of 
personal  feeling,  at  a  period,  when  every  other  bias  ought 
to  have  been  merged  in  love  of  country.  Nor  was  this 
opposition  restrained  within  very  nice  bounds. 

Yet,  much  confidence  of  success  existed  among  its  ad- 
vocates. Washington  writes,  a  fortnight  previous  to  the 
time  appointed  for  the  meeting  of  the  Convention :  * 
"  Since  the  elections  in  this  State,  little  doubt  is  enter- 
tained of  the  adoption  of  the  proposed  Constitution  with 
us,  if  no  mistake  has  been  made  with  respect  to  the  senti- 
ments of  the  Kentucky  members.  The  opponents  to  it, 
I  am  informed,  are  now  also  of  this  opinion.  Their  grand 
manoeuvres  were  exhibited  at  the  elections,  and  some  of 
them,  if  reports  be  true,  were  not  much  to  their  credit. 
Failing  in  their  attempt  to  exclude  the  friends  of  the  new 
Government  from  the  Convention,  and  baffled  in  their 
exertions  to  effect  an  adjournment  in  Maryland,  they  have 
become  more  passive  of  late." 

The  Convention  of  Virginia  met  at  Richmond,  on  the 
second  of  June.  It  selected  Judge  Edmund  Pendleton, 
President,  a  gentleman  who,  at  diflferent  periods  of  his 
life,  entertained  opposite  opinions.  Having  determined 
to  consider  the  Constitution  in  detail,  a  proposition  was 
made  by  Patrick  Henry,  the  leader  of  the  hostile  party, 
having  for  its  object,  an  examination  of  the  powers  of  the 
delegates  to  the  Federal  Convention.  Pendleton  opposed 
this  motion.  It  was  withdrawn,  and  the  discussion  com- 
menced, after  reading  the  preamble,  and  the  sections  of 
the  first  article,  constituting  the  House  of  Representa- 
tives. 

*  Washington's  Writings,  ix.  367. 


4:64:  THE    REPUBLIC.  [1788. 

It  is  merely  necessary,  in  order  to  show  the  feelings 
of  Virginia,  to  advert  to  the  objections  taken  against  that 
part  of  the  Constitution.  These  were :  The  want  of 
landed  qualifications  in  the  Representatives ;  an  objection 
met  by  the  observation,  that,  as  the  electors  generally 
were  attached  to  the  landed  interest,  that  interest  must 
prevail ;  and,  that  in  no  one  district  the  mercantile  inter- 
est could  have  an  equal  weight  in  the  elections — the  control 
over  the  elections  vested  in  Congress — the  small  number 
of  the  Representatives — their  term  of  service — and  their 
powers. 

Patrick  Henry  declaimed  loudly:  "I  conceive  the 
Republic  to  be  in  extreme  danger — whence  has  arisen  this 
fearful  jeopardy  ?  It  arises  from  this  fatal  system,  this 
proposal  to  change  our  government — a  proposal  that  goes 
to  the  utter  annihilation  of  the  most  solemn  engagements 
of  the  States — a  proposal  of  establishing  nine  States  into 
a  confederacy,  to  the  eventual  exclusion  of  four.  It  goes 
to  the  annihilation  of  those  solemn  treaties  we  have  form- 
ed with  foreign  nations."  On  this  last  topic  he  enlarged, 
as  though  all  treaties  were  necessarily  abrogated  by  a 
change  of  government,  or  could,  on  any  principle,  pre- 
clude such  change,  however  dictated  by  the  public  wel- 
fare. 

He  denounced  the  plan,  as  establishing  a  consolidated 
Government ;  and  demanded,  "  who  authorized  the  Con- 
vention to  speak  the  language,  *  We,  the  people,'  instead 
of  '  We,  the  States  ? '  Even,  from  that  illustrious  man, 
who  saved  us  by  his  valor,  I  would  have  a  reason  for  his 
conduct.  The  people  gave  them  no  power  to  use  their 
name.  Here,  no  dangers,  no  insurrection  has  happened 
— every  thing  has  been  calm  and  tranquil.  But,  notwith- 
standing this,  we  are  wandering  on  the  great  ocean  of 
human  affairs.     I  see  no  landmark  to  guide  us.     We  are 


^T.  31.]  HAMILTON.  465 

running,  we  know  not  whither."  He  deprecated  "  this 
perilous  innovation." 

Governor  Randolph  was  next  in  the  debate.  It  has 
been  seen,  that  he  had  been  recently  re-elected  Governor, 
and  that  pending  the  election,  and  some  time  subsequent 
to  it,  he  was  opposed  to  the  Constitution. 

It  is  a  pregnant  fact,  that  Samuel  Adams,  George 
Clinton,  and  Edmund  Randolph,  chief  among  the  ad- 
versaries of  the  Constitution,  were  all  Governors  of 
States ;  and  these,  three  of  the  four  leading  States  in  the 
Union.  After  the  intelligence  was  received  of  the  ratifi- 
cation by  Massachusetts,  his  purpose  changed.  This 
change  was  not  concealed,  and  had  much  weight  with  his 
followers.  In  his  opening  remarks,  having  replied  to 
Henry,  as  to  the  powers  of  the  delegates  to  the  Federal 
Convention,  he  stated  his  adherence  to  his  opinion  of  the 
necessity  of  amendments ;  quoted  the  recommendation  of 
them  by  Massachusetts,  and  referred  to  the  manner  in 
which  the  subject  had  been  propounded  by  the  Legisla- 
ture to  the  Convention,  as  obviating  some  of  his  objections. 
He  then  declared,  that  the  necessary  lapse  of  time  would 
prevent  the  adoption  of  previous  amendments ;  that,  to 
insist  upon  them,  would  dissolve  the  Union — "  the  anchor 
of  our  Political  Salvation." 

Mason  urged  the  impracticability  of  establishing  a 
General  Government  over  so  extensive  a  territory,  with 
powers  so  limited,  as  to  be  consistent  with  liberty  ;  depre- 
cated the  dangers  of  the  form  proposed,  dwelling  chiefly 
on  the  power  of  collecting  taxes.  This  power,  he  as- 
serted, changed  the  Confederation  of  the  States  into  a 
consolidation,  and  would  annihilate  the  State  Govern- 
ments. "  Will  the  people  submit  to  be  individually  taxed 
by  two  different  and  distinct  powers  ?  These  two  con- 
current powers  cannot  long  exist  together.  The  one  will 
Vol.  III.— 30 


4:66  THE   KEPUBLIO.  [1788. 

destroy  the  other.  The  General  Government  will  be 
paramount.  The  plan  was  without  a  parallel.  The  rep- 
resentation was  defective.  The  remedy  was  to  be  found 
in  previous  amendments.  Madison  met  these  suggestions 
with  a  brief  statement  of  the  restrictive  checks  in  the 
Constitution.  Judge  Pendleton  and  Colonel  Lee  also  de- 
fended the  plan,  and  were  opposed  by  Patrick  Henry,  in 
an  elaborate  and  highly  wrought  appeal  to  the  jealousies 
and  passions  of  the  Convention.  Randolph,  Madison, 
Nicholas,  and  Corbin,  rose  in  succession  to  remove  the 
impressions  of  his  eloquence.  Randolph  dwelt  chiefly  on 
the  particular  interests  of  Virginia — her  exposed  situation 
— her  strife  with  Maryland — and  the  necessity  of  a  vigor- 
ous General  Government  to  their  internal  quiet,  and  as  a 
protection  against  foreign  dangers,  insisting  upon  the  ne- 
cessity of  a  general  military  force — land  and  naval.  The 
Constitution,  he  declared,  is  essential  in  its  strength,  and, 
as  the  laws  will  be  made  by  the  assent  of  the  people,  the 
Government  is  free.  Nor  did  ne  see,  that  extent  of  coun- 
try ought  to  be  a  bar  to  the  adoption  of  a  good  Govern- 
ment. Madison  confined  himself  to  a  closer  reply  to  the 
objections  to  the  Constitution.  He  pointed  to  the  fact, 
that  an  amendment  of  the  articles  of  the  Confederation, 
required  the  unanimous  concurrence  of  the  States  ;  that 
one  State  had  successively  resisted  every  attempt  to  im- 
prove the  system ;  that  the  rights  of  a  great  majority 
were  thus  subjected  to  a  trifling  minority ;  that  this  evil 
was  met  by  the  provisions  of  the  Federal  Government. 
He  defended  the  power  over  the  militia,  and  that  of  rais- 
ing and  supporting  standing  armies.  In  proof  of  the  ab- 
solute necessity  of  such  forces,  he  adverted  to  important 
facts — the  relinquishment  of  territorial  advantages  during 
the  Revolution,  to  obtain  the  acquisition  of  one  ally ;  and 
the  authorized  cessions,  to  obtain  another.     He  denied, 


^T.  31.]  HAMILTOJ^.  467 

that  the  new  system  would  produce  an  uniformity  of  re- 
ligion, religious  opinions  being  left  free  and  unshackled. 
The  fiscal  powers  of  the  new  Government  he  fully  ap- 
proved ;  for  the  nature  of  it  excluded  all  danger  from 
this  source.  It  is  of  a  mixed  nature,  and,  in  a  manner, 
unprecedented.  In  some  respects,  it  is  federal ;  in  others, 
consolidated.  Its  ratification  is  made  the  act  of  the  peo- 
ple of  America.  Who  are  parties  to  it  ?  The  people, — 
but  not  the  people,  as  composing  one  great  body ;  but  the 
people,  as  composing  thirteen  Sovereignties.  It  is  de- 
rived from  the  superior  power  of  the  people.  Their 
Representatives  in  one  house,  chosen  by  the  people ;  the 
Senate,  by  the  States.  Thus  its  complication  will  alike 
exclude  the  evils  of  absolute  consolidation,  as  those  of  a 
mere  confederacy.  He  denied  the  alleged  danger  of  its 
absorbing  the  State  Governments.  If  wholly  independ- 
ent of  them,  usurpation  might  be  expected.  But  this  is 
not  so.  Its  authority  is  derived  from  the  same  sources 
whence  their  authority  is  derived.  "  I  wish,"  he  observed, 
at  the  close  of  this  able  speech,  "  this  Government  may 
answer  the  expectations  of  its  friends,  and  foil  the  appre- 
hensions of  its  enemies.  I  hope  the  patriotism  of  the 
people  will  continue,  and  be  a  sufficient  guard  to  their 
liberties.  I  believe,  its  tendency  will  he,  that  the  State 
Governments  will  counteract  the  general  interest  and  ulti- 
mately prevail.^^  "^ 

In  an  earnest  appeal  to  Patrick  Henry,  Corbin  follow- 
ing Nicholas,  depicted  the  distress  of  the  country,  vindi- 
cated the  Constitution,  and  portrayed  the  consequences 
of  insisting,  in  order  to  gratify  mere  theoretic  doubts,  on 

*  Bushrod  Washington  to  General  Washington,  June  6th  :  "  ^fadison  fol- 
lowed, and  with  such  force  of  reasoning,  and  a  display  of  such  irresistible 
truths,  that  opposition  seemed  to  have  quitted  the  field."  Washington's  Writ- 
ings, ix.  378  note. 


468  THE    REPUBLIC.  [1788. 

previous  amendments.  After  many  pointed  remarks, 
Patrick  Henry  replied :  "  To  me  it  appears,  that  there  is 
no  check  in  that  Government.  The  President,  Senators, 
and  Representatives,  all  immediately  or  mediately,  are 
the  choice  of  the  people.  Tell  me  not  of  checks  on  pa- 
per, but  tell  me  of  checks  founded  on  self-love.  This 
powerful,  irresistible  stimulus  of  self-love,  has  saved  the 
Government  of  England.  It  has  interposed  an  hereditary 
nobility  between  the  King  and  Commons.  If  the  House 
of  Lords  assists  or  permits  the  King  to  overturn  the 
liberties  of  the  people,  the  same  tyranny  will  destroy 
them.  They  will  therefore  keep  the  balance  in  the  dem- 
ocratic branch.  Suppose,  they  see  the  Commons  encroach 
upon  the  King ;  self-love,  that  great,  energetic  check, 
will  call  upon  them  to  interpose ;  for,  if  the  King  be  de- 
stroyed, their  destruction  must  speedily  follow.  This  is  a 
consideration  which  prevails  in  my  mind,  to  pronounce 
the  British  Government  superior,  in  this  respect,  to  any 
Government  that  ever  was   in  any  country.     Compare 

this  with  your  Congressional  checks Have  you  a 

resting-place  like  the  British  Government  ?  Where  are 
your  checks  ?  You  have  no  hereditary  nobility — an  order 
of  men  to  whom  human  eyes  can  be  cast  up  for  relief. 
In  it,  there  are  real  balances  and  checks.  In  this  system, 
there  are  only  ideal  balances.  Till  I  am  convinced,  that 
there  are  actual  efficient  checks,  I  will  not  give  my  as- 
sent to  its  establishment.  The  President  and  Senators 
have  nothing  to  lose.  They  have  not  that  interest  in  the 
preservation  of  the  Government,  that  the  Kmg  and  Lords 
have  in  England.  They  will  therefore  be  regardless  of 
the  interests  of  the  people." 

Colonel  Lee,  and  Randolph,  having  defended  it,  were 
followed  by  James  Monroe,  in  opposition  to  the  Constitu- 
tion.    After  pointing  out  the  difference  between  the  Con- 


^Et.  31.]  HAMILTON.  469 

federation  and  other  leagues,  and  denying  the  danger  from 
internal  dissensions,  he  compared  the  Confederation  with 
the  Constitution.  Admitting  defects  in  both,  he  proposed 
to  add  to  the  Confederation  one  power,  only — "  an  abso- 
lute control  over  commerce," — to  take  from  the  Constitu- 
tion "  one  power,  only  " — that  of  direct  taxation — as  un- 
necessary, "because,  exigencies  will  not  require  it,"  and 
impracticable,  because  of  the  extent  of  territory,  and  of 
the  inequality  of  its  operation.  The  tendency,  he  de- 
clared, would  be  to  a  Monarchy.  That  it  had  no  real 
checks ;  that  "  the  wisdom  of  the  British  Constitution  had 
given  a  share  of  legislation  to  each  of  the  three  branches, 
which  enables  it  to  defend  itself,  and  preserves  the  liberty 
of  the  people."  "  Upon  reviewing  this  Government,"  he 
closed,  "  I  must  say,  under  my  present  impression,  I  think 
it  a  dangerous  Government ;  and  calculated  to  secure 
neither  the  interests  nor  the  rights  of  our  countrymen. 
Under  such  a  one,  I  shall  be  averse  to  embark  the  best 
hopes  and  prospects  of  a  free  people."  *  These  observa- 
tions serve  to  show  the  state  of  feeling  in  Virginia. 

John  Marshall  replied — "  The  supporters  of  the  Con- 
stitution claim  the  title  of  being  firm  friends  of  the  liberty 
and  rights  of  mankind.  They  say,  that  they  consider  it 
the  best  means  of  protecting  liberty.  We  idolize  Democ- 
racy. Those  who  oppose  it,  have  bestowed  eulogiums  on 
Monarchy.  We  prefer  this  system  to  any  monarchy,  be- 
cause we  are  convinced,  that  it  has  a  greater  tendency  to 
secure  our  liberty  and  promote  our  happiness.  We  ad- 
mire it,  because  we  think  it  is  a  well  regulated  Democra- 

*  Monroe  writes  at  this  time :  "  I  should  consider  the  abolition  of  the  State 

Legislature  as  a  most  fortunate  event  for  America." "Upon  the  whole, 

it  results,  that,  although  I  am  for  a  change,  and  a  radical  one — of  the  Con- 
federation— yet  I  have  some  strong  and  invincible  objections  to  that  proposed 
to  be  substituted  in  its  stead." 


470  THE    REPUBLIC.  [1788. 

cy."  "  What  are  its  favorite  maxims  ?  A  strict  observ- 
ance of  justice  and  public  faith,  and  a  steady  adherence 
to  virtue.  Have  such  been  the  effects  of  the  Confedera- 
tion ?  As  to  the  Mississippi,  how  shall  we  retain  it  ?  By 
retaining  that  weak  Government  which  has  hitherto  kept 
it  from  us  ?  Give  the  Government  the  power  of  retaining 
it,  and  then  we  may  hope  to  derive  actual  advantages 
from  it.  You  cannot  exercise  the  power  of  Government, 
personally,  yourselves.  You  must  trust  agents.  If  you 
repose  no  confidence  in  them,  because  there  is  a  possibil- 
ity of  abusing  it,  you  can  have  no  Government ;  for  the 
power  of  doing  good  is  inseparable  from  the  power  of 
doing  evil."  He  drew  a  strong  lesson  from  the  history  of 
Holland ;  insisted  on  the  power  of  taxation,  and  pointed 
to  the  danger  of  conferring  extraordinary  powers,  in  mo- 
ments of  alarm,  instead  of  confiding  them  to  be  duly  exe- 
cuted— and  steadily,  systematically,  guardedly,  checked. 
On  these  checks,  he  strongly  dwelt.  Various  other  topics 
were  dilated  upon,  giving  evidence,  that  his  was  far  the 
superior  mind  of  that  intelligent  body.  The  previous 
day,  on  the  ninth  of  June,  Madison  wrote  to  Hamilton, — 
"  The  chance,  at  present,  seems  to  be  in  our  favor  ;  but  it 
is  possible,  things  may  take  another  turn.  Oswald,  of 
Philadelphia,  came  here  on  Saturday ;  and  has  closet  in- 
terviews with  the  leaders  of  the  opposition."  On  the 
sixteenth  of  the  same  month,  he  again  wrote, — "  Yours  of 
the  eighth  has  just  come  to  hand.  I  mentioned  in  my 
lastj  that  Oswald  had  been  here  in  consultation  with  the 
Anti-Federal  leaders.  The  contents  of  your  letter  con- 
firm the  idea,  that  a  negotiation  for  delay  is  on  foot  be- 
tween the  opposition  here,  and  with  you.  We  have  con- 
jectured for  some  days,  that  the  policy  is  to  spin  out  the 
session,  in  order  to  receive  overtures  from  your  Conven- 
tion ;  or,  if  that  cannot  be,  to  weary  the  members  into  an 


^T.  31.]  HAMILTON.  .  471 

adjournment,  without  taking  any  decision.  It  is  presumed, 
at  the  same  time,  that  they  do  not  despair  of  carrying 
the  point  of  previous  amendments,  which  is  preferable 
game.  The  parties  continue  to  be  nicely  balanced.  If 
we  have  a  majority  at  all,  it  does  not  exceed  three  or 
four.  If  we  lose  it,  Kentucky  will  be  the  cause.  They 
are  generally,  if  not  unanimously,  against  us." 

This  letter  enclosed  one  from  Colonel  Henry  Lee  to 
Hamilton,  saying,  "  God  bless  you,  and  your  efforts  to  save 
me  from  the  manifold  misfortunes  which  have  and  con- 
tinue to  oppress  me,  whenever  I  attempt  to  aid  human 
nature.  You  will  do  what  y,ou  think  best,  and  whatever 
you  do,  I  will  confirm Our  Convention  is  in  full  de- 
bate on  the  great  business  of  the  Federal  Constitution. 
We  possess,  as  yet,  in  defiance  of  great  overtures,  a  ma- 
jority, but  very  small,  indeed.  A  correspondence  has 
certainly  been  opened  through  a  Mr.  O.,  of  Philadel- 
phia, fr©m  the  malcontents  of  Pennsylvania  and  New 
York.  It  has  its  operation,  but  I  believe,  we  are  still  safe, 
unless  the  question  of  adjournment  be  introduced."  Mad- 
ison now  explained,  in  a  lucid  speech,  the  fiscal  powers 
of  the  Constitution,  and  again  declared — "  There  will  be 
an  irresistible  bias  towards  the  State  Governments.  I 
have  my  fears,  as  well  as  the  honorable  gentlemen.  But 
my  fears  are  on  the  other  side.  Experience,  I  think,  will 
prove  that  the  powerful  and  prevailing  influence  of  the 
States  will  produce  such  attention  to  local  considerations, 
as  will  be  inconsistent  with  the  advancement  of  the  in- 
terests of  the  Union."  Grayson  disapproved  the  system. 
"  I  would  not,"  he  said,  "  take  the  British  Government 
as  a  model.  We  have  not  materials  for  such  a  Govern- 
ment— but  I  would  have  a  President  for  life,  choosing 
his  successor  at  the  same  time  ;  a  Senate  for  life,  with  the 
powers  of  the  House  of  Lords ;  and  a  biennial  House  oi 


472  •  THE    REPUBLIC.  [1788. 

Representatives,  with  the  powers  of  the  House  of  Com- 
mons in  England." 

An  incidental  topic  was  at  this  time  introduced  to 
bear  upon  the  delegation  from  Kentucky — the  negotia- 
tions which  had  taken  place  respecting  the  navigation  of 
the  Mississippi.  Differing  statements  were  made.  The 
danger  of  closing  this  great  outlet  of  the  West  was  dwelt 
upon.  The  conduct  of  Massachusetts,  on  that  subject, 
was  attributed  to  a  desire  to  prevent  emigration,  and  to 
retain  her  political  preponderance.  After  many  intima- 
tions of  danger,  that  the  Constitution  would  confer  the 
power  of  surrendering  this  essential  right, — the  fears 
which  had  been  aroused,  were,  in  a  measure,  quieted. 

The  control  of  the  Navy  given  to  the  General  Govern- 
ment, was  warmly  deprecated,  for  the  reason,  that  it  must, 
of  necessity,  be  in  the  hands  of  the  Northern  States.  Nor 
was  that  over  the  Militia  less  earnestly  censured.  This 
objection  was  examined  with  marked  precision  by  Madi- 
son and  by  Marshall. 

The  sweeping  clause,  as  it  was  called,  gave  rise  to  a 
more  vehement  opposition.  The  clause  prohibiting  the 
slave  trade  was  also  disapproved.  It  is  honorable  to 
Virginia,  that  her  repugnance  was  to  the  temporary  per- 
mission of  its  continuance,  not  to  the  restriction,  on  this 
detestable  traffic.  The  provisions  as  to  the  Treaty 
power  were  also  condemned.  These  were  defended  by 
Corbin  and  Madison.  Each  showed  the  advantage  of 
vesting  it  where  it  was  placed.  Each  sustained  it  by  as- 
sumed qualifications  on  this  power,  showing  more  refine- 
ment, than  accuracy.  The  necessity  of  Legislative  inter- 
ference was,  by  the  former,  too  readily  admitted.  The 
supremacy  of  Treaties  was,  by  the  latter,  limited  to  State 
laws,  but  denied  over  those  of  Congress — a  limitation,  in- 
consistent   with   the    necessary  sacredness   and  binding 


^T.  31.]  HAMILTON.  473 

force  of  treaty  obligations  with  foreign,  independent  na- 
tions. 

It  was  the  policy  of  the  Anti-Federalists  to  procrasti- 
nate, in  the  hope,  that  the  intelligence  from  New  Hamp- 
shire would  be  unfavorable  to  the  Constitution.  They 
were  disappointed.  Although  the  result  was  not  ascer- 
tained, the  impression  grew,  that  she  would  follow  the 
example  of  Massachusetts.  They  also  ascertained,  that 
their  impassioned  addresses  to  the  Western  delegates, 
had  failed  of  their  intended  effect.  Under  these  circum- 
stances, the  opposition  rallied  in  all  their  strength  against 
the  Judiciary  department.  It  presented  topics  for  de- 
clamation, which  were  supposed  to  have  a  peculiar  influ- 
ence on  the  policy  of  Virginia.  That  State  had,  recently, 
under  the  influence  of  Henry,  passed  an  act  to  suspend 
the  collection  of  debts  due  to  British  subjects,  until  the 
surrender  of  the  Posts — both,  being  objects  secured  by  the 
Treaty  of  Peace.  It  was  alleged,  that  by  the  Constitu- 
tion of  the  United  States,  the  jurisdiction  which  was  giv- 
en in  these  cases,  would  transfer  the  suit  from  the  fireside 
of  the  debtor  to  a  remote  and  foreign  Judicature  ;  a  con- 
sequence of  the  system,  pronounced  dangerous  to  the  cit- 
izens of  the  State — derogatory  to  the  character  of  its  Ju- 
diciary. A  large  tract  of  country  was  held  under  confis- 
cations, by  an  act  of  the  State  Legislature,  passed  subse- 
quent to  the  Treaty  of  Peace.  The  validity  of  these 
confiscations  might  be  questioned  before  the  Federal 
Court.  Other  claims  involving  extensive  possessions, 
were  subject  to  a  like  interference.* 

*  Madison  writes  to  Washington,  "  In  Virginia,  British  debts,  the  Indiana 
claim,  and  the  Mississippi,  are  the  principal  topics  of  private  discussion  and 
intrigue,  as  well  as  of  public  declamation." — June  13,  1788.  Also  to  Hamil- 
ton,— *•  If  we  lose  it,  Kentucky  will  be  the  cause.  They  are  generally,  if  not 
unanimously,  against  us." 


I 


474  THE   REPUBLIC.  [1788. 

All  these  claims,  before  the  Courts,  if  they  succeed, 
will,  it  was  said,  "  introduce  a  scene  of  distress  and  confu- 
sion before  unheard  of.  Our  peasants  will  be  reduced  to 
ruin  and  misery — driven  from  their  farms,  and  obliged  to 
leave  their  country."  The  independence  of  the  State 
was  also  declared  to  be  in  jeopardy. 

"  The  appellate  cognizance  of  fact  and  an  extension 
of  power  to  causes  between  citizens  of  different  States,  with 
some  lesser  objections,  were  chiefly  dwelt  upon.  If  we 
can  weather  the  storm  against  the  part  under  considera- 
tion, I  shall  hold  the  danger  to  be  pretty  well  over," 
Madison  wrote  to  Hamilton.  He  combated  these  objec- 
tions with  signal  skill,  and  was  ably  sustained  by  Marshall, 
who  taking  a  large  view  of  the  judicial  powers,  and  show- 
ing the  necessity  of  their  being  conferred,  controverted, 
conclusively,  the  allegation,  that  juries  in  civil  cases  would 
be  excluded, — a  suggestion  which,  more  than  any  other, 
had  alarmed  the  popular  feeling. 

A  letter  from  Madison  to  Hamilton,  shows  the  position 
of  parties  at  this  time.*  "  The  judiciary  department  has 
been  on  the  anvil  for  several  days  ;  and,  I  presume,  will 
still  be  a  further  subject  of  disquisition.  The  attacks  upon 
it  have  apparently  made  less  impression  than  was  feared. 
But  they  may  be  secretly  felt  by  particular  interests,  that 
would  not  make  the  acknowledgment ;  and  would  choose 
to  ground  their  vote  against  the  Constitution,  on  other 
motives.  In  the  course  of  this  week,  we  hope  for  a  close 
of  the  business  in  some  form  or  other.  The  opponents 
will  probably  bring  forward  a  bill  of  Rights,  with  sundry 
other  amendments,  as  conditions  of  ratification.  Should 
these  fail,  or  be  despaired  of,  an  adjournment  will,  I  think, 
be  attempted ;  and  in  case  of  disappointment  here  also, 
some  predict  a  secession.     I  do  not  myself  concur  in  the 

*  June  22d,  1788. 


^T.  31.]  HAMILTON.  475 

last  apprehension,  though  I  have  thought  it  prudent  to 
withhold,  by  a  studied  fairness,  in  every  step  on  the  side  of 
the  Constitution,  every  pretext  for  rash  experiments.  The 
plan  meditated  by  the  friends  of  the  Constitution,  is  to 
preface  the  ratification,  with  some  plain  and  general  truths, 
that  cannot  aflfect  the  validity  of  the  act ;  and  to  subjoin  a 
recommendation,  which  may  hold  up  amendments,  as  ob- 
jects to  be  pursued  in  the  Constitutional  mode. 

"  These  expedients  are  rendered  prudent  by  the  nice 
balance  of  numbers,  and  the  scruples  entertained  by  some, 
who  are,  in  general,  well  affected.  Whether  they  will 
secure  us  a  majority,  I  dare  not  positively  to  declare.  Our 
calculations  promise  us  success  by  three  or  four,  or  possi- 
bly five  or  six  votes.  But  was  there  no  possibility  of  mis- 
taking the  opinions  of  some,  in  receiving  those  of  so  many  ; 
the  smallness  of  the  majority  suggests  the  danger  from 
ordinary  casualties,  which  may  vary  the  result.  It  un- 
luckily happens,  that  our  Legislature,  which  meets  at  this 
place  to-morrow,  consists  of  a  considerable  majority  of 
Anti-Federal  members.  This,  is  another  circumstance  that 
ought  to  check  our  confidence.  As  individuals,  they  may 
have  some  influence ;  and,  as  coming  immediately  from 
the  people,  at  large,  they  can  give  any  color  they  please 
to  the  popular  sentiments,  at  this  moment ;  and  may,  in  that 
mode,  throw  a  bias  on  the  Representatives  of  the  people 
in  Convention." 

Two  days  after  the  date  of  this  letter,  the  other  articles 
of  the  Constitution  having  been  very  briefly  discussed. 
Chancellor  Wythe  proposed  a  ratification,  prefaced,  with 
"  a  few  plain  and  general  truths." 

Henry,  in  the  course  of  an  impassioned  speech,  moved 
a  substitute,  containing  an  elaborate  declaration  of  Rights, 
and  voluminous  amendments,  "  to  be  proposed  to  the  other 
Slates  in  the  confederacy  for  their  consideration,  previous 


476  THE  REPUBLIC.  [1788. 

to  its  ratification."    This  proposition  was  zealously  opposed 
by  Randolph  and  Madison. 

It  has  been  seen,  that,  unwilhng  to  incur  the  odium  of 
an  absolute  rejection  of  the  Constitution,  its  opponents  had 
resolved  to  insist  upon  previous  amendments,  v^^ith  a  view, 
as  they  alleged,  to  a  second  General  Convention.  In 
support  of  their  policy,  they  quoted  a  remarkable  letter 
from  the  American  Ambassador  at  Paris.  In  this  letter, 
Jefferson  expresses  a  wish,  "that  the  nine  first  Conventions 
may  accept  the  Constitution,  because  it  will  secure  to  us 
the  good  it  contains,  which  I  think  great  and  important. 
I  wish  the  four  latest,  whichever  they  be,  may  refuse  to 
accede  to  it,  till  a  declaration  of  Rights  be  annexed.  "*  He 
then  enumerates  the  amendments  which  he  wished  secured, 
and  adds:  "We  must  take  care,  however,  that  neither 
this,  nor  any  other  objection  to  the  new  form,  produce  a 
schism  in  our  Union.  That  would  be  an  incurable  evil, 
because,  near  friends  falling  out,  never  reunite  cordially,  f 

*  Washington  wrote,  10th  November,  1787.  "  Let  the  opponents  of  the 
proposed  Constitution  in  this  State  he  asked — and  it  is  a  question  they  certainly 
ought  to  have  asked  themselves — what  line  of  conduct  would  they  advise  it  to 
adopt,  if  nine  other  States,  of  which  there  is  little  douht,  should  accede  to  the 
Constitution?  Would  they  recommend,  that  it  should  stand  single?  Will 
they  connect  it  with  Rhode  Island  ?  or  even  with  two  others,  checkerwise ;  and 
remain  with  them  as  outcasts  from  the  society  to  shift  for  themselves,  or  will 
they  return  to  their  dependence  on  Great  Britain  ;  or  lastly,  have  the  mortifica- 
tion to  come  in,  when  they  will  be  allowed  no  credit  for  doing  so  ?  " — ix.  p. 
278,  Washington's  Writings. 

So  also — 28  Ap.  1788 — he  wrote,  as  to  requiring  "aJBill  of  Eights  "  and  a 
provision  for  "  trial  by  Jury :  "  "  The  first  where  the  people  evidently  retained 
every  thing,  which  they  did  not  in  terms  give  up,  was  considered  nugatory,  as 
you  will  find  to  have  been  more  fully  explained  by  Mr.  Wilson  and  others ;  and, 
as  to  the  second,  it  was  only  the  difficulty  of  establishing  a  mode  wliich  should 
not  interfere  with  the  fixed  modes  of  any  of  the  States,  that  induced  this  Con- 
vention to  leave  it  as  a  matter  of  future  adjustment." — ix.  ibid.  357. 

•)•  Jefferson's  Works,  in  a  letter,  dated  Februaiy  7th,  1788,  at  Paris,  ad- 
dressed to  Donald.      From  one  to  Carmichael  of  the  11th  of  December  pre- 


^T.  31.]  HAMILTON".  477 

This  opinion  of  Jefferson,  it  was  sought  to  interpret 
in  favor  of  adoption  ;  but  Patrick  Henry  insisted,  that  such 
was  not  its  intent.  "  If  we  pursue  his  advice,"  Henry 
asked,  "  what  are  we  to  do  ?  To  prefer  form  to  substance  ? 
For,  give  me  leave  to  ask,  what  is  the  substantial  part  of 
his  counsel  ?  It  is,  that  four  States  should  reject.  "  This 
extraordinary  letter,  which  placed  the  action  of  a  State, 
on  so  vital  a  question,  upon  a  mere  numerical  contingency, 
whether  it  should  be  the  ninth  or  the  tenth ;  which  over- 
looked the  possibility  of  two  or  more  Conventions  being 
in  Session  at  the  same  time,  and,  if  this  advice  was  fol- 
lowed, that  both  States  might  dissent,  and  the  Constitu- 
tion would  be  lost ;  or  both  might  adopt,  and  the  amend- 
ments would  fail,  greatly  alarmed  the  friends  of  the  Con- 
stitution. Madison  deprecated  the  introduction  of  the 
name  of  Jefferson — and  asked,  "Has  it  come  to  this  then 
— that  we  are  not  to  follow  our  own  reason  ?  Is  it  proper  to 
introduce  the  opinions  of  respectable  men  not  within  these 
walls  ?  If  the  opinion  of  an  important  character  were  to 
weigh  on  this  occasion — could  we  not  adduce  a  character 
equally  great  on  our  side  ? "  This  letter  of  Jefferson  had, 
nevertheless,  worked  on  the  minds  of  the  Convention ; 
and  in  their  closing  speeches,  Randolph  and  Madison  la- 
bored to  remove  its  impression.  "  Let, "  said  the  Governor 
of  the  State,  "  Let  gentlemen  seriously  ponder  th-e  calam- 
itous consequences  of  dissolving  the  Union  in  our  present 

vious,  it  is  evident  that  it  was  written,  when  the  fate  of  the  Constitution  was 
uncertain.  After  summing  up  the  prospect  in  other  States,  he  remarks :  "  as 
to  Virginia,  two  of  the  Delegates  in  the  first  place  refused  to  sign  it,  these 
were  Randolph,  the  Governor,  and  George  Mason;  besides  these,  Heniy^ 
Harrison,  Nelson,  and  the  Lees,  are  against  it.  General  Washington  will  be  for 
it,  but  it  is  not  in  his  character  to  exert  himself  much  in  the  cdse .' 

"Madison  will  be  its  main  pillar,  but  though  an  immensely  powerful  one,  it 
is  questionable,  whether  he  can  bear  the  weight  of  such  a  host — so  that  the 
presumption  is,  that  Virginia  will  reject. ^^ 


478  THE    EEPUBLIO.  [1788. 

situation,  I  appeal  to  the  great  Searcher  of  hearts,  on  this 
occasion,  that  I  behold  the  greatest  danger  that  ever 
happened,  hanging  over  us — for,  previous  amendments,  are, 
but  another  name  for  rejection.  I  ask  you,  if  it  be  not 
better  to  adopt,  and  run  the  chance  of  amending  it  here- 
after, than  run  the  risk  of  endangering  the  Union.  The 
Confederation  is  gone.  It  has  no  authority.  If,  in  this 
situation,  we  reject  the  Constitution — the  Union  will  be 
dissolved,  the  dogs  of  war  will  break  loose,  and  anarchy 
and  discord  will  complete  the  ruin  of  this  country." 

Madison,  after  commenting  on  the  extraordinary  spec- 
tacle exhibited  in  America,  of  its  free  inhabitants  delib- 
erating on  a  form  of  Government,  and  selecting  such  of 
their  citizens  as  possess  their  confidence,  to  determine 
upon  and  give  effect  to  it,  remarked  :  "  I  beg  that,  gentle- 
men in  deliberating  on  this  subject,  would  consider  the 
alternative — either  nine  States  shall  have  ratified  it,  or 
they  will  not.  If  nine  States  will  adopt  it,  can  it  be  rea- 
sonably presumed  or  required,  that  nine  States,  having 
freely  and  fully  considered  the  subject,  and  come  to  an 
affirmative  decision,  will,  upon  the  demand  of  a  single 
State,  agree,  that  they  acted  wrong,  and  could  not  see  its 
defects;  tread  back  the  steps  they  have  taken,  and  re- 
duce it  to  uncertainty,  whether  a  general  system  shall  be 
adopted,  or  not  ?  It  is  a  most  awful  thing  that  depends 
upon  our  decision — whether,  the  thirteen  States  shall  unite 
freely,  peaceably,  and  unanimously,  for  the  security  of 
their  common  happiness  and  liberty — or,  whether,  every 
thing  is  to  be  put  in  confusion  and  disorder?  Should 
only  eight  States  ratify,  and  Virginia  propose  certain  al- 
terations, as  the  previous  condition  of  her  acceptance, 
every  State  which  has  decided  must  reconsider  the  sub- 
ject, acknowledge  its  error,  and  appoint  a  new  Conven- 
tion to  deliberate.     Will   not  every  State  think  herself 


^T.  31.]  HAMILTON.  479 

equally  entitled  to  propose  as  many  amendments?  If 
contradictory,  will  they  probably  agree — or  agree  in  any 
thing,  but  the  plan  before  us  ?  New  York  has  been  ad- 
duced. Two  of  the  delegates  from  that  State  opposed 
every  step  of  this  system.  Can  it  be  supposed,  that  those 
in  this  State,  who  admit  the  necessity  of  a  change,  would 
ever  unite  with  those  totally  averse  to  any  change  ?  In 
this  mode  of  securing  alterations  (by  subsequent  amend- 
ments), there  is  no  friend  to  the  Constitution  but  will 
concur." 

James  Monroe  thought  differently.  He  declared,  he 
could  not  conceive,  that  a  conditional  ratification,  would,  in 
the  most  remote  degree,  endanger  the  Union  ;  for,  it  was 
as  clearly  the  interest  of  the  adopting  States  to  be  united 
with  Virginia,  as  it  could  be  her  interest  to  be,  in  union 
with  them. 

In  the  hope  of  thus  influencing  the  decisions  of  other 
States,  Hamilton  had  arranged  a  line  of  expresses  with 
Generals  Sullivan  and  Knox — to  bear  intelligence  of  the 
ratification  by  New  Hampshire.  An  express  arrived  in 
New  York  on  the  twenty-fifth  of  June,  and  the  result  was 
announced  to  Congress. 

Colonel  Henley  pressed  on  with  it  to  Richmond.  The 
intelligence  reached  Alexandria  on  the  twenty-eighth, 
where  its  citizens  were  convened  to  celebrate  the  adop- 
tion by  Virginia  ;  which  State,  by  a  majority  of  ten  of  one 
hundred  and  sixty-eight  votes,  had  ratified  the  Constitu- 
tion, two  days  before. 

"  The  day  itself,"  Washington  writes,  on  the  twenty- 
eighth,  "  is  memorable  for  more  reasons  than  one.  It  was 
recollected,  that  this  day  is  the  anniversary  of  the  battles 
of  Sullivan's  Island,  and  Monmouth.  I  have  just  returned 
from  assisting  at  the  entertainment,  and  mention  these 
details,  unimportant  as  they  are  in  themselves,  the  rather, 


480  THE   KEPUBLIC.  [1788. 

• 
because,  I  think,  we  may  rationally  indulge  the  pleasing 

hope,   that   the   Union  will   now,  be  established  upon  a 

durable  basis ;  and  that,  Providence   seems  still  disposed 

to  favor  the  members  of  it  with  unequalled  opportunities 

for  political  happiness."* 

*  On  the  27tli  of  June,  Madison  wrote  to  Hamilton:  "This  day  put  an 
end  to  the  existence  of  our  Convention.  The  enclosed  is  a  copy  of  the  act  of 
ratification.  It  has  been  followed  by  a  number  of  recommendatory  altera- 
tions— many  of  them  highly  objectionable.  One  of  the  most  so,  is  an  article 
prohibiting  direct  taxes,  when  effectual  laws  shall  be  passed  by  the  States  for 
the  purpose.  The  minority  will  sign  an  address  to  the  people.  The  genius 
of  it  is  unknown  to  me.  It  is  mentioned,  as  an  exhortation  to  acquiescence  in 
the  result  of  the  Convention.  IsTot withstanding  the  fair  professions  made  by 
some,  I  am  so  uncharitable  as  to  suspect,  that  the  iU  will  to  the  Constitution 
will  produce  every  peaceable  effort  to  disgrace  and  destroy  it.  Mr.  Henry  de- 
clared, previous  to  the  final  question,  that,  although  he  should  submit  as  a  quiet 
citi^pn,  he  should  wait  with  impatience  for  the  favorable  moment  of  regaining 
in  a  constitutional  way  the  lost  liberties  of  his  country.  My  conjecture  is,  that 
exertions  will  be  made  to  engage  two-thirds  of  the  Legislature  in  the  task  of 
regularly  undermining  the  Government.  This  hint  may  not  be  unworthy  your 
attention.  Yours,  affectionately,"  He  subsequently  wrote,  that,  "  the  intended 
address  was  rejected  by  the  party  themselves,  when  proposed  to  them,  and 
produced  an  auspicious  conclusion." 


CHAPTER    LIIl. 

During  this  period,  Hamilton  frequently  attended  Con- 
gress, then  sitting  at  New  York.  Its  journals  give  few 
topics  of  interest.  From  these,  it  appears,  that  he  was  of 
a  Committee  to  make  provision  for  the  invalids  of  the 
army  ;  that,  on  the  third  of  June,  he  reported,  that  "  the 
District  of  Kentucke  be  erected  into  an  Independent 
State,  and  the  act  for  its  admission  into  the  Union."  This 
measure,  with  the  concurrence  of  all  but  one  member, 
was  subsequently  referred,  in  consequence  of  intelligence, 
that  nine  States  had  ratified  the  Constitution.  He  was 
also  of  a  Committee  to  close  the  unsettled  public  accounts. 

From  this  Assembly,  scarcely  possessed  of  means  suffi- 
cient to  keep  up  the  forms  of  Government,  Hamilton 
passed  to  a  new  theatre  of  labor  and  of  triumph — the  Con- 
vention of  New  York. 

His  *  correspondence  at  this  time  shows  his  apprehen- 
sions of  the  result.  He  writes :  "  Violence,  rather  than 
moderation,  is  to  be  looked  for  from  the  opposite  party. 
Obstinacy  seems  to  be  the  prevailing  trait  in  the  charac- 
ter of  its  leader.  The  language  is,  that  if  all  the  other 
States  adopt,  this  is  to  persist  in  refusing  the  Constitution. 
It  is  reduced  to  a  certainty,  that  Clinton  has,  in  several 

*  Hamilton's  Works,  vol.  i.  452-454,  to  Morris  and  Madison. 

Vol.  IV.— 31 


482  THE    EE  PUB  Lie.  [1T88. 

conversations,  declared  the  Union  unnecessary."  ''As 
Clinton  is  truly  the  leader  of  his  party,  and  is  inflexibly 
obstinate,  I  count  little  in  overcoming  opposition  by  rea- 
son. The  Anti-Federal  party  have  a  majority  of  two- 
thirds  in  the  Convention;  and,  according  to  the  best 
estimate  I  can  form,  of  about  four-sevenths  of  the  com- 
munity. The  views  of  the  leaders  in  this  city  are  pretty 
well  ascertained  to  be  turned  towards  a  long  adjourn- 
ment ;  say,  till  next  spring  or  summer.  Their  incautious 
ones  observe,  that  this  will  give  an  opportunity  to  the 
State  to  see  how  the  Government  works,  and  to  act  ac- 
cording to  circumstances. 

"  My  reasonings  on  the  fact  are  to  this  effect :  The  lead- 
ers of  the  party  hostile  to  the  Constitution,  are  equally 
hostile  to  the  Union.  They  are,  however,  afraid  to  reject 
the  Constitution,  at  once,  because  that  step  would  bring 
matters  to  a  crisis  between  this  State  and  the  States 
which  had  adopted*  the  Constitution ;  and  between  the 
parties  in  the  State.  A  separation  of  the  southern  dis- 
trict from  the  other  parts  of  the  State,  it  is  perceived, 
would  become  the  object  of  the  Federalists,  and  of  the 
neighboring  States.  They,  therefore,  resolve  upon  a  long 
adjournment,  as  the  safest  and  most  artful  course  to  effect 
their  final  purpose.  They  suppose,  that,  when  the  Gov- 
ernment gets  into  operation,  it  will  be  obliged  to  take  some 
steps  in  respect  to  revenue,  etc.,  which  will  furnish  topics 
of  declamation  to  its  enemies  in  the  several  States,  and 
will  strengthen  the  minorities.  If,  any  considerable  dis- 
content should  show  itself,  they  will  stand  ready  to  head 
the  opposition.  If,  on  the  contrary,  the  thing  should  go 
on  smoothly,  and  the  sentiments  of  our  own  people  should 
change,  they  can  elect  to  come  into  the  Union.  They,  at 
all  events,  take  the  chances  of  time  and  the  chapter  of 
accidents. 


^T.  31.]  HAMILTOIT.  483 

"  How  far  their  friends  in  the  country  will  go  with 
them,  I  am  not  able  to  say ;  but,  as  they  have  always 
been  found  very  obsequious,  we  have  little  reason  to  cal- 
culate upon  an  uncompliant  temper  in  the  present  in- 
stance. For  my  own  part,  the  more  I  can  penetrate  the 
views  of  the  Anti-Federal  party  in  this  State,  the  more  I 
dread  the  consequences  of  the  non-adoption  of  the  Con- 
stitution by  any  of  the  other  States — the  more  I  fear  an 
eventual  disunion,  and  civil  war.  God  grant  that  Vir- 
ginia may  accede.  The  example  will  have  a  vast  in- 
fluence on  our  politics.  New  Hampshire,  all  accounts 
give  us  to  expect,  will  be  an  assenting  State." 

The  Convention  met  at  Poughkeepsie,  on  the  seven- 
teenth of  June.  The  thirteen  counties  of  the  State  were 
represented  by  sixty-five  delegates,  of  whom  forty-six 
were  elected  by  the  party  hostile  to  the  Constitution ; 
nineteen  by  its  friends.  Governor  Clinton,  a  deputy  from 
Ulster,  was  unanimously  chosen  to  preside.  Of  his  party, 
Robert  Yates,  the  Chief  Justice  of  the  State,  Melancthon 
Smith,  John  Lansing,  and  Samuel  Jones,  were  the  more 
conspicuous.  The  leading  advocates  of  the  Constitution 
were  Duane,  Hamilton,  Harrison,  Jay,  and  Livingston, 
then  Chancellor. 

The  debate  was  opened  by  Livingston,  with  an  elo- 
quent sketch  of  the  advantages  enjoyed  by  the  American 
people  in  forming  a  national  Union  ;  of  the  effects  of  the 
confederation,  showing  the  necessity  of  a  change  of  gov- 
ernment ;  and,  of  the  peculiar  importance  of  Union  to 
New  York,  from  the  nature  of  her  products,  and  her  geo- 
graphical position. 

Having  lamented,  that  this  superiority  of  position  had 
excited  an  improper  confidence,  and  produced  an  inflexi- 
bility, which  had  rendered  her  regardless  of  the  wishes 
of  other  States ;  he  described  her  exposed  situation,  stated 


484  ^  THE  REPUBLIC.  [1788. 

at  large  the  impracticability  of  preserving  an  efficient 
league,  and  urged  the  necessity  of  establishing  a  well  or- 
dered Government.  A  resolution  was  then  offered,  that 
no  question  should  be  taken  on  the  Constitution,  or  on  any 
part  of  it,  or  on  any  amendment  to  it,  until  each  clause 
had  been  considered.  It  was  the  poKcy  of  the  Governor 
to  take  the  vote  upon  it  in  mass ;  that  of  its  friends,  to 
protract  the  debate,  until  intelligence  should  be  received 
from  New  Hampshire.  This  resolution  was  discussed,  and 
prevailed.* 

Hamilton  now  f  wrote  to  Madison :  "  To-morrow,  we 
go  into  a  Committee  of  the  whole  on  the  Constitution. 
There  is  every  appearance,  that  a  full  discussion  will  take 
place,  which  will  keep  us  together,  at  least,  a  fortnight. 
It  is  not  easy  to  conjecture,  what  will  be  the  result.  Our 
adversaries  greatly  outnumber  us.  The  leaders  gave  in- 
dications of  a  pretty  desperate  disposition  in  private  con- 
versations, previous  to  the  meeting :  but,  I  imagine  the 
minor  partisans  have  their  scruples ;  and  an  air  of  moder- 
ation is  now  assumed.  So  far,  the  thing  is  not  despaired 
of.  A  happy  issue  with  you,  must  have  considerable  in- 
fluence upon  us." 

Clinton  writes  the  same  day,  mentioning  the  forma- 
tion of  a  Committee,  "  opposed  to  the  adoption  of  the  new 
Constitution,  without  previous  amendments;"  and  ob- 
serves, "  It  gives  me  and  them  sensible  pleasure  to  learn, 
that  the  friends  to  the  liberties  of  the  country  to  the 
southward,  are  equally  anxious,  with  those  who  are 
not  ashamed  of  that  unfashionable  name  here.  The 
friends  to  the  rights   of  mankind,  outnumber  the  advo- 

*  It  is  related  by  a  person,  then  present,  that  this  decision  gave  great  um- 
brage to  Clinton,  who,  imputing  it  to  Melancthon  Smith's  confidence  in  his 
powers,  remarked,  with  an  oath,  *'  that  his  vanity  had  lost  the  State." 

t  June  21st. 


^T.  81.]  HAMILTON.  485 

cates  of  despotism,  nearly  two  to  one."  He  enclosed  a 
letter  to  Mason,  chairman  of  the  Virginia  Committee.* 
Lansing  commenced  the  opposition.  He  declared,  that 
essential  powers  might  be  more  safely  delegated  to  the 
State,  than  to  the  General  Government ;  and  contended 
for  the  practicability  of  sufficiently  amending  the  Con- 
federation, to  enable  it  to  afford  defence  against  foreign 
aggression  and  to  secure  domestic  tranquillity  ;  by  vesting 
Congress  with  power  to  raise  men  and  money  ;  and,  in 
case  its  requisitions  were  disregarded,  by  permitting  it  to 
legislate  upon  individuals.  He  denied,  that  the  embar- 
rassments of  the  country  were  to  be  attributed  to  its  po- 
litical system ;  but  said,  they  were  to  be  ascribed  to  other 
causes.  The  dangers  of  a  dissolution  of  the  Union,  he 
thought,  were  less  than  those  of  the  proposed  system.  If  it 
should  unfortunately  ensue,  "  what,"  he  asked,  "  have  we 
to  apprehend  ?  We  are  connected  both  by  interest  and 
affection  with  the  New  England  States.  We  harbor  no 
animosities  against  each  other — we  have  no  interfering 
territorial  claims — our  manners  are  nearly  similar,  and 
are  daily  assimilating,  and  mutual  advantages  will  proba- 
bly prompt  to  mutual  concessions.  He,  however,  con- 
templated the  idea  of  a  possible  disunion  with  pain." 
Having  avowed  his  conviction,  that,  a  consolidated  gov- 
ernment could  not  preserve  the  essential  rights  and  liber- 
ties of  the  people,  he  affirmed  his  purpose  to  insist  upon 
amendments  favorable  to  civil  liberty ;  and  denied,  that 
the  opposition  sprang  from  the  influence  of  State  office. 

The  Legislative  Department  was  first  considered. 
Smith  stated  his  objections  to  the  rule  of  apportion- 
ment of  the  members — that  there  was  no  precise  number 
defined,  below  which,  the  House  could  not  be  reduced, 
and  its  present  inadequacy.     He  condemned  the  three- 

*  Life  of  Lamb,  315. 


486  THE    REPUBLIC.  [1788. 

fifths  compromise,  observing,  that  slaves  had  no  will ;  and 
that  it  was  conferring  a  privilege  on  those,  who,  as  their 
masters,  violated  morahty.  The  number  of  the  House 
was  discretionary.  So  small  a  body  was  incompetent  to 
take  charge  of  the  extensive  objects  of  a  National  Gov- 
ernment ;  would  never  possess  the  confidence  of  the  peo- 
ple, and  would  raise  the  few  above  the  many.  He  then 
moved,  that  every  twenty  thousand  persons  have  one  rep- 
resentative, until  the  whole  number  amounted  to  three 
hundred,  after  which  they  should  be  apportioned  among  the 
States  according  to  their  population  ;  and  that,  in  the  com- 
mencement of  the  Government,  double  the  number  pre- 
scribed in  the  Constitution  be  chosen. 

Hamilton  then  arose.*  After  alluding  to  the  efforts 
to  ridicule  the  apprehensions  which  had  been  expressed 
as  to  the  condition  of  the  country,  he  proceeded  to  urge 
the  necessity  of  a  National  Government.  "  I  trust  that 
these  observations  are  not  intended  to  cast  a  light  air  on 
this  important  subject,  or  to  give  any  personal  bias  on  the 
great  question  before  us.  I  cannot  agree  with  gentlemen 
who  trifle  with  the  weaknesses  of  our  country,  and  suppose 
that  they  are  enumerated  to  answer  a  party  purpose,  and 
to  terrify  with  ideal  dangers.  No,  I  beheve,  these  weak- 
nesses to  be   real,  and  pregnant  with  destruction.     Yet. 

*  Chancellor  Kent  relates :  "  In  liis  opening  speech,  Mr.  H.  preliminarily 
ohserved,  that  it  was  of  the  utmost  importance  that  the  Convention  should  be 
strongly  impressed  with  a  conviction  of  the  necessity  of  the  Union  of  the  States. 
If,  they  could  be  entirely  satisfied  of  that  great  truth,  their  minds  would  then  be 
prepared  to  admit  the  necessity  of  a  government  of  similar  organization  and 
powers  with  the  scheme  of  the  one  before  them,  to  uphold  and  preserve  that 
Union.  It  was  like  the  case  of  the  doctrine  of  the  immortality  of  the 
SotTL,  and  doubts  on  that  subject  were  one  great  cause,  he  said,  of  modern  in- 
fidelity; for,  if  men  could  be  thoroughly  convinced,  that  they  had  within  them 
immaterial  and  immortal  spirits,  their  minds  would  be  prepared  for  the  ready 
reception  of  the  Christian  Religion." 


.^.T.  31.]  HAMILTON.  487 

however  weak  our  country  may  be,  I  hope,  we  shall 
never  sacrifice  our  liberties.  If,  therefore,  on  a  full  and 
candid  discussion,  the  proposed  system  shall  appear  to 
have  that  tendency,  for  God's  sake,  let  us  reject  it !  But, 
let  us  not  mistake  words  for  things,  nor  accept  doubtful 
surmises  as  the  evidence  of  truth.  Let  us  consider  the 
Constitution  calmly  and  dispassionately,  and  attend  to 
those  things  only,  which  merit  consideration.  No  argu- 
ments derived  from  embarrassment  or  inconvenience, 
ought  to  induce  us  to  adopt  a  system  of  Government, 
radically  bad — yet  these  arguments  should  be  taken  into 
view.  In  doing  this,  yesterday,  it  was  necessary  to  re- 
flect upon  our  situation ;  to  dwell  upon  the  imbecility  of 
our  Union,  and  to  consider  whether,  we,  as  a  State,  can 
stand  alone.  Although,  I  am  persuaded,  that  this  Con- 
vention will  be  resolved  to  adopt  nothing  that  is  bad,  yet 
every  prudent  man  will  consider  the  merits  of  the  plan  in 
connection  with  the  circumstances  of  our  country ;  and 
will  feel,  that  a  rejection  of  the  Constitution  may  involve 
fatal  consequences. 

"  It  appears  to  me  very  extraordinary,  while  gentle- 
men, in  one  breath,  acknowledge,  that  the  old  Confeder- 
ation requires  many  material  amendments,  that  they  should 
deny,  in  the  next,  that  its  defects  have  been  the  causes  of 
our  political  weakness,  and  our  consequent  calamities.  I 
cannot  but  infer  from  this,  that  there  is  still  some  lurking 
favorite  imagination,  that  this  system,  with  corrections, 
might  become  a  safe  and  permanent  one.  It  is  proper, 
that  we  should  examine  this  matter.  We  contend,  that  the 
radical  vice  of  the  old  Confederation,  is,  that  the  laws  of 
the  Union  apply  only  to  States,  in  their  corporate  capaci- 
ties. 

"  It  is  inseparable  from  the  disposition  of  bodies,  who 
have  a  constitutional  power  of  resistance,  to  examine  the 


488  THE   REPUBLIC.  [1788. 

merits  of  a  law.  In  this  examination,  not  possessing  those 
lights  which  directed  the  deliberations  of  the  General 
Government ;  and  incapable  of  embracing  in  their  view, 
the  general  interests  of  the  Union,  the  States  have  almost 
mvariably  weighed  the  requisitions  by  their  own  local  in- 
terests ;  and  have  only  executed  them,  as  far  as  answered 
their  particular  convenience,  or  advantage.  Hence,  there 
have  ever  been  thirteen  different  bodies  to  judge  of  the 
measures  of  Congress  ;  and  the  operations  of  Government 
have  been  distracted  by  the  different  courses  they  have 
taken.  Those  which  were  to  be  benefited,  have  com- 
plied with  the  requisitions ;  others  have  wholly  disregard- 
ed them.  Have  we  not  all  of  us  been  witnesses  of  the 
unhappy  results  ?  During  the  late  war,  while  the  pres- 
sure of  common  danger  braced  the  bond  of  our  Union, 
and  incited  to  vigorous  exertions,  have  we  not  felt  many 
distressing  effects  of  this  impotent  system  ?  Have  we  not 
seen  this  State,  though  most  exposed  to  the  calamities  of 
the  war,  complying  in  an  unexampled  manner  with  the 
Federal  requisitions  ;  and  compelled,  by  the  delinquencies 
of  others,  to  bear  unusual  burthens  ?  The  proof  is  on  our 
records.  In  seventy-nine  and  eighty,  when  the  State, 
from  the  ravages  of  war  and  her  exertions  to  resist  them, 
was  weak,  distressed,  exhausted,  every  man  avowed,  that 
our  misfortunes,  in  a  great  degree,  proceeded  from  the 
want  of  vigor  in  the  Continental  Government.  These 
were  our  sentiments,  when  we  did  not  speculate — but 
when  we  felt.  We  saw  our  weakness,  and  found  our- 
selves its  victims.  May  not  this  again  be  our  situation  ? 
In  the  event  of  war,  this  State  will  probably,  be  the  thea- 
tre of  its  operations. 

"  It  has  been  said,  that  the  non-compliatjce  of  the  States 
has  been  occasioned  by  their  sufferings.  In  part,  this  may 
be  true.     But  has  this  State  been  delinquent  ?     Amidst 


^T.  31.]  HAMILTON".  439 

all  our  distresses,  we  have  fully  complied.  If  New  York 
could  comply  wholly  with  the  requisitions,  could  not  other 
States  have  complied  in  part  ?  Every  State  in  the  Union 
might  have  executed  them  in  a  degree.  But,  New  Hamp- 
shire, which  has  been  exempt  from  suffering,  is  totally 
delinquent.  North  Carohna  is  totally  delinquent.  Many 
others  have  contributed  in  a  small  proportion.  Pennsyl- 
vania and  New  York  are  the  only  States  which  have  per- 
fectly discharged  their  Federal  duty.  From  the  dehn- 
quencies  of  those  States  which  have  suffered  little,  we 
conclude,  that  they  have  made  no  efforts  ;  and  a  knowl- 
edge of  human  nature  will  teach  us,  that  their  ease  and 
security  have  been  principal  causes  of  their  want  of  exer- 
tion. While  danger  is  distant,  its  impression  is  weak ; 
while  it  affects  our  neighbors,  only,  we  have  few  motives 
to  provide  against  it.  If  we  have  national  objects  to  pur- 
sue, we  must  have  national  revenues.  If  requisitions  are 
not  complied  with,  what  is  to  be  done  ?  To  coerce  the 
States,  is  one  of  the  maddest  projects  that  ever  was  de- 
vised. A  failure  to  comply,  will  not  be  confined  to  a  sin- 
gle State.  Will  it  be  wise  to  hazard  a  civil  war  ?  Should 
Massachusetts,  or  any  large  State  refuse,  and,  should  Con- 
gress attempt  to  compel  them,  would  they  not  have  in- 
fluence to  procure  assistance,  especially  from  other  delin- 
quent States  ?  What  a  picture  does  this  present ! — A 
complying  State  at  war  with  a  non-complying  State! 
Congress  marching  the  troops  of  one  State  into  the  bosom 
of  another ! — This  State  collecting  auxiliaries  and  forming, 
perhaps,  a  majority  against  its  Federal  head ! — Here  is  a 
nation  at  war  with  itself!  Can  any  reasonable  man  be 
well  disposed  to  a  government,  which  makes  war  and 
carnage  the  only  means  of  supporting  itself? — a  govern- 
ment, that  can  exist  only  by  the  sword  ?  Every  such  war 
must  involve  the  innocent  with  the  guilty.    Every  peace- 


490  THE  EEPUBLIO.  [1788. 

able  citizen  must  be  opposed  to  such  a  government !  But 
can  we  believe,  that  one  State  will  ever  suffer  itself  to  be 
used  as  an  instrument  of  coercion  ?  It  is  a  dream — it  is 
impossible. — Then,  behold  the  dilemma ! — Either  a  Fed- 
eral standing  army  to  enforce  the  requisitions,  or  the 
Federal  Treasury  without  supplies — and  the  Federal  Gov- 
ernment without  support !  What  is  the  cure  for  this  great 
evil  ?  There  is  none,  but  to  enable  the  national  laws  to 
operate  on  individuals,  as  do  the  State  laws.  This  is  the 
true  reasoning.  You  appear  to  acknowledge  its  force, 
and  yet,  while  you  yield  to  the  principle,  you  seem  to  fear 
its  application. 

"  What  shall  we  do  ?  Take  the  old  Confederation  as 
the  basis  of  a  new  system.  Can  this  be  your  object  ? 
Certainly  not.  Will  any  man,  who  entertains  a  wish  for 
the  safety  of  his  country,  trust  the  sword  and  the  purse 
with  a  single  Assembly,  organized  on  such  defective  princi- 
ples ?  Though  we  might  with  safety  give  to  such  a  gov- 
ernment certain  powers,  yet  to  intrust  them  with  full  and 
unlimited  powers  of  taxation,  and  with  the  national  forces, 
would  be  to  establish  a  despotism — the  definition  of  which 
is,  a  government  in  which  all  power  is  concentrated  in  a 
single  body.  To  retain  the  old  Confederation,  and  fashion 
it  on  these  principles,  would  be  to  estabhsh  a  power,  which 
would  destroy  the  liberties  of  the  people.  These  consider- 
ations show,  that  a  government  wholly  different  must  be 
instituted.  They  had  weight  in  the  Convention  who 
formed  the  new  system.  It  was  seen,  that  the  necessary 
powers  were  too  great  to  be  trusted  to  a  single  body.  It 
formed  two  branches,  and  divided  the  powers,  so  that  each 
might  be  a  check  upon  the  other.  The  fundamental 
principle  of  the  old  Confederation  is  defective.  We  must 
totally  eradicate  and  discard  this  principle,  before  we  can 
expect  an  efficient  government." 


^T.  31.]  HAMILTON.  491 

Having  replied  to  the  inferences  drawn  from  the  an- 
cient confederacies,  by  showing  their  defects  and  their 
fruits,  he  proceeded:  "No  inference  can  be  drawn 
from  these  examples,  that  republics  cannot  exist.  We 
only  contend,  that  they  have  hitherto  been  founded  on 
false  principles.  We  have  shown,  how  they  have  been 
conducted,  and  how  they  have  been  destroyed.  Weak- 
ness in  the  head  has  produced  resistance  in  the  members. 
This  has  been  the  immediate  parent  of  civil  war — auxil- 
iary force  has  been  invited,  and  a  foreign  power  has 
annihilated  their  liberties,  and  their  name.  Thus,  Phihp 
subverted  the  Amphictyonic,  and  Rome  the  Achaean  Re- 
public. Let  us  not  deceive  ourselves  by  the  favorable 
events  of  the  late  war.  Common  danger  prevented  the 
operation  of  the  ruinous  principle.  But  since  the  peace, 
we  have  experienced  the  evils — we  have  felt  the  poison 
of  the  system,  in  its  unmingled  purity." 

He  then  stated  some  circumstances,  which  attended 
the  deliberations  of  the  General  Convention,  and  continued. 
"The  natural  situation  of  this  country  seems  to  divide  its 
interests  into  different  classes.  There  are  navigating,  and 
non-navigating  States.  It  was  the  interest  of  the  former, 
that  there  should  be  no  restraints  on  their  navigation,  and 
that  they  should  have  full  power,  by  a  majority  in  Con- 
gress, to  make  commercial  regulations  in  favor  of  their 
own,  and  in  restraint  of  foreign  powers.  The  Southern 
States  wished  to  impose  a  restraint  on  the  Northern,  by 
requiring,  that  two-thirds  in  Congress  should  be  necessary 
to  pass  an  act  regulating  commerce. 

The  small  States,  seeing  themselves  embraced  by  the 
Confederation  upon  equal  terms,  wished  to  retain  the  ad- 
vantages they  possessed.  The  large  States  thought  it 
improper  that  Rhode  Island  and  Delaware  should  enjoy 
an  equal  suffrage  with  themselves.     It  became  necessary 


492  THE   REPUBLIC.  [1788. 

to  compromise,  or  the  Convention  must  have  dissolved. 
Would  it  have  been  wise  or  prudent  for  them  to  have 
deserted  their  country  ?  No- — Every  man  who  hears  me 
— Every  wise  man  in  the  country  would  have  condemned 
them.  They  were  obliged  to  appoint  a  Committee  of 
accommodation.  In  this  Committee,  the  arrangement 
was  formed,  as  it  now  stands.  Their  report  was  accepted. 
Let  a  Convention  be  called  to-morrow.  Let  them  meet 
twenty  times,  nay  twenty  thousand  times — they  will  have 
the  same  difficulties  to  encounter— the  same  clashing 
interests  to  reconcile." 

After  these  preliminary  observations,  he  reviewed  the 
objections  which  had  been  raised  by  the  opponents  of 
the  new  system. 

While  in  the  Congress  of  the  Confederation,  he  is  seen 
to  have  exerted  his  influence  in  inducing  the  compromise 
between  the  States,  that  did  not  permit,  and  those  per- 
mitting slavery  ;  and  which,  subsequently,  was  recognized 
by  the  Constitution  of  the  United  States.  He  was  now 
arraigned  before  the  people  in  a  series  of  acrimonious 
essays  ^  for  acceding  to  this  provision  of  the  Constitution. 
His  early  formed  views,  contemplating  a  partial,  and 
thence  a  general  emancipation  of  the  slaves,  have  been 
shown.  This  most  difficult  question,  he  felt,  must  be  dealt 
with  by  a  gentle  hand.  Centuries  had  elapsed  in  reliev- 
ing Europe  from  this  great  political  calamity.  Any 
approach  to  a  change  in  the  public  sentiment  on  this 
question,  he  knew,  would  be  a  great  advance.  This 
approach,  he  hoped,  that  he  saw  in  the  recognition  of  a 
part  of  the  slave  population,  as  the  basis  of  contribution 
to  the  National  Treasury.     This  recognition  of  them,  he 

*  Entitled  "  Expositor."  His  assent  to  it  was  denounced  as  "  a  most  dar- 
ing insult  offered  to  the  freemen,  and  freeholders  of  this  State,  hesides  being 
an  unparalleled  departure  from  his  duty  to  it,  and  to  the  United  States." 


^T.  31.]  HAMILTON.  493 

believed,  would  probably  be  followed  in  fixing  the  stand- 
ard of  Representation ;  and  thus,  the  slaves  would  be  re- 
garded, not  merely  as  property,  but  as  persons.  The 
Federal  Constitution  had  so  regarded  them. 

In  reply  to  the  objection  to  this  provision,  he  observed : 
"  Much  has  been  said  of  the  impropriety  of  representing 
men  who  have  no  will  of  their  own — Whether  this  be 
reasoning  or  declamation,  I  will  not  say.  It  is  the  unfor- 
tunate situation  of  the  Southern  States,  to  have  a  great 
part  of  their  population,  as  well  as  property,  in  blacks. 
Without  this  regulation  as  to  Representation,  no  Union 
could  possibly  have  been  formed,  ^ut  it  is  entirely  just, 
they  should  be  gratified.  Their  staples  must  be  capital 
objects  in  Treaties  of  Commerce  with  foreign  nations,  and 
the  advantages  which  these  procure  in  such  Treaties  are 
enjoyed  by  all  the  States.  There  is  another  view.  The 
best  writers  on  government  have  held,  that  Representation 
should  be  compounded  of  persons  and  property.  This 
rule  has  been  adopted  in  the  Constitution  of  this  State. 
But,  it  will  not  be  admitted,  that  slaves  are  considered 
altogether,  as  property.  They  are  men,  though  degraded, 
to  the  condition  of  slavery.  They  are  persons  known  to 
the  municipal  laws  of  the  States  they  inhabit,  as  well  as 
to  the  laws  of  nature.  Representation,  and  taxation,  should 
be  regulated  by  one  uniform  rule.  Would  it  be  just  to 
compute  these  slaves  in  the  assessment  of  taxes,  and  to 
discard  them  from  the  estimate  in  the  apportionment  of 
Representatives  ?  Would  it  be  just  to  impose  a  singular 
burthen,  without  conferring  some  adequate  advantage  ? 
The  rule  pervades  all  the  States.  You  have  a  great  num- 
ber of  persons  in  your  State,  who  are  not  represented. 
These  will  be  included  in  the  enumeration,  not  two-fifths, 
nor  three-fifths,  but  the  whole.  The  advantages  are 
therefore  not  confined  to  the  Southern  States — they  ex- 


494:  THE    EEPUBLIC.  [1788. 

tend  to  other  parts  of  the  Union."     He  was  replied  to,  by 
Williams  and  Smith. 

The  next  day,  he  resumed  his  argument,  from  which 
the  nature  of  their  objections  may  be  inferred.  "No 
man,"  he  said,  "  agrees  more  perfectly  than  I  do,  to  the 
main  principle  contended  for.  I  agree,  that  there 
should  be  a  broad  Democratic  branch  in  the  National  Le- 
gislature. But  its  number  must  depend  upon  circum- 
stances. It  is  impossible,  in  the  first  instance,  to  be  pre- 
cise and  exact.  It  is  equally  impossible,  to  determine  to 
what  point,  it  may  be  proper,  in  future,  to  increase  it.  In 
my  reasonings  as  to  |overnment,  I  rely  more  on  the  in- 
terests, and  on  the  opinions  of  men,  than  upon  any  spec- 
ulative parchment  provisions.  Constitutions  are  more  or 
less  valuable,  as  they  are  more  or  less  conformable  to  the 
natural  operation  of  things.  I  am  not,  therefore,  dis- 
posed long  to  dwell  on  curious  speculations,  or  to  pay 
much  attention  to  modes  and  forms ;  but,  to  adopt  a  sys- 
tem, whose  principles  have  been  sanctioned  by  experience 
— adapt  it  to  the  real  state  of  the  country ;  and  depend 
on  probable  reasonings,  for  its  operation  and  result.  I 
contend,  that  sixty-five  and  twenty-six  in  two  bodies,  form 
a  perfect  security  in  our  present  situation ;  and,  that  the 
regular  progressive  enlargement,  which  was  in  the  con- 
templation of  the  General  Convention,  will  not  leave  an 
apprehension  of  danger  in  the  most  timid  and  suspicious 
mind.  It  will  be  the  interest  of  the  large  States  to  in- 
crease the  representation.  But,  it  is  said,  the  members 
of  Congress  will  be  interested  not  to  increase  the  number, 
as  it  will  diminish  their  relative  influence.  In  all  this 
reasoning,  I  see  this  fallacy.  It  is  supposed,  that  the  rep- 
resentative will  have  no  motive  of  action,  on  the  one  side, 
but  a  sense  of  duty  ;  or,  on  the  other,  but  corruption.  It 
is  forgotten,  that  he  is  to  return  to  the  community ;  that 


^T.  31.]  HAMILTOIT.  495 

he  is  dependent  on  the  will  of  the  people  ;  and,  that  it 
cannot  be  his  interest  to  oppose  their  wishes.  The  gen- 
eral sense  of  the  people  will  regulate  the  conduct  of  their 
Representatives.  There  are  exceptions  to  this  rule. 
There  are  certain  conjunctures,  when,  it  may  be  neces- 
sary and  proper,  to  disregard  the  opinions  which  the  ma- 
jority of  the  people  have  formed.  But,  in  the  general 
course  of  affairs,  the  popular  views,  and,  even  prejudices, 
will  direct  the  actions  of  the  rulers.  All  governments, 
even  the  most  despotic,  depend,  in  a  great  degree,  on 
Opinion.  In  free  republics,  this  is  peculiarly  so.  In 
these,  the  will  of  the  people  constitutes  the  essential  prin- 
ciple of  the  Government ;  and  the  laws  which  control 
the  community,  receive  their  tone  and  spirit  from  the 
public  wishes.  It  is  the  fortunate  situation  of  our  coun- 
try, that  the  minds  of  the  people  are  exceedingly  en- 
lightened, and  refined.  Here  then,  we  may  expect  the 
laws  to  be  proportionally  agreeable  to  the  standard  of  a 
perfect  poHcy ;  and  the  wisdom  of  public  measures  to 
consist  with  the  most  intimate  conformity  between  the 
views  of  the  Representative  and  of  his  constituent.  If 
the  general  voice  of  the  people  be  for  an  increase,  it 
must,  undoubtedly,  take  place.  They  have  it  in  their 
power  to  instruct  their  Representatives,  and  the  State 
Legislatures,  which  appoint  the  Senators,  may  enjoin  it 
also  upon  them.  If  I  believed  the  number  would  remain 
at  sixty-five,  I  confess,  I  should  give  my  vote  for  an 
amendment. 

"  The  amendment  proposes  a  ratio  of  one  for  twenty 
thousand.  By  what  rule  or  reasoning,  is  it  determined, 
that  one  man  is  a  better  representative  for  twenty  than 
thirty  thousand  ?  We  have  now  three  millions  of  people. 
In  twenty-five  years,  we  shall  have  six.  In  forty  years, 
nine  millions — and  this  is  a  short  period  in  the  existence 


^9Q  THE     REPUBLIC.  [1788. 

of  States.  In  forty  years,  we  shall  have  three  hundred 
Representatives.  If  this  be  true — if  this  be  a  safe  repre- 
sentation, why  be  dissatisfied  ? — why  embarrass  the  Con- 
stitution with  amendments,  that  are*  merely  speculative 
and  useless  ?  I  admit,  that  a  very  small  number  might 
give  color  for  suspicion.  I  acknowledge,  ten  would  be 
unsafe  ;  but  a  thousand  would  be  too  numerous.  Why 
will  not  ninety-one — the  present  number — ^be  an  adequate 
and  safe  representation  ?  The  President  of  the  United 
States  will,  himself,  be  the  representative  of  the  people. 
From  the  competition  that  ever  subsists  between  the 
branches  of  Government,  the  President  will  be  indu- 
ced to  pi'otect  their  rights,  whenever  they  are  invaded 
by  either  branch.  On  whatever  side,  we  look,  we  dis- 
cover various  and  powerful  checks  to  the  encroachments 
of  Congress.  The  true  and  permanent  interests  of  the 
members  are  opposed  to  corruption.  Their  number  is 
vastly  too  large  for  easy  combination.  The  people  have 
an  obvious  and  powerful  protection  in  their  own  State 
Governments.  Should  any  thing  dangerous  be  attempted, 
these  bodies  of  perpetual  observation  will  be  capable  of 
forming  and  conducting  plans  of  regular  operation.  Can 
we  suppose,  the  people's  love  of  liberty  will  not,  under  the 
incitement  of  their  legislative  leaders,  be  roused  into  re- 
sistance, and  the  madness  of  tyranny  be  extinguished  at 
a  blow  ? " 

He  next,  controverted  the  observation,  that  a  pure  de- 
mocracy, if  practicable,  would  be  the  most  perfect  Gov- 
ernment. "  No  position,"  he  remarked, "  in  politics  is  more 
false  than  this.  The  ancient  democracies  did  not  possess 
one  feature  of  good  government.  Their  very  character 
was  tyranny ;  their  figure,  deformity."  He  also  denied 
the  assertion,  that  a  numerous  representation  was  neces- 
sary to  obtain  the  confidence  of  the  people.     "  This  is 


^T.  31.]  HAMILTON.  497 

not  generally  true.  The  confidence  of  the  people  will 
easily  be  gained  by  a  good  administration.  That  is  the 
true  touchstone."  In  confirmation  of  this  idea,  he  ap- 
pealed to  history. 

Having  answered  the  objection,  that  a  large  represen- 
tation was  necessary  to  understand  the  interests  of  the 
people,  he  again  commented  on  the  alarms  excited  as  to 
the  dangers  of  corruption.  "  It  is  a  harsh  doctrine,"  he 
observed,  "  that  men  grow  wicked,  in  proportion,  as  they 
improve  and  enlighten  their  minds.  Experience  has,  by 
no  means  justified  the  position,  that  there  is  more  virtue 
in  one  class  of  men  than  in  another.  Look  through  the 
rich  and  the  poor  ;  the  learned  and  the  ignorant ;  where 
does  virtue  predominate  ?  The  difference  consists,  not  in 
the  quantity,  but  in  the  kind  of  vices ;  and  here,  the  ad- 
vantage of  character  belongs  to  the  rich.  Their  vices 
are,  probably,  more  favorable  to  the  prosperity  of  the 
State,  than  those  of  the  indigent ;  and,  partake  less  of 
moral  depravity.  The  true  principle  of  a  Republic  is, 
that  the  people  should  choose  whom  they  please  to  gov- 
ern them.  Representation  is  imperfect,  in  proportion  as 
the  current  of  popular  favor  is  checked.  Tins  great 
SOURCE    OF    Free    Government — popular    election — 

SHOULD  BE  PERFECTLY  PURE,  AND  THE  MOST  UNBOUNDED 

LIBERTY  ALLOWED.  Where  this  principle  is  adhered  to — 
where,  in  the  organization  of  the  Government,  the  Legis- 
lative, Executive,  and  Judicial  branches  are  rendered  dis- 
tinct— where  the  Legislature  is  divided  into  separate 
houses,  and  the  operations  of  each  are  controlled  by 
various  checks  and  balances,  and  by  the  vigilance  and 
weight  of  the  State  Governments,  to  talk  of  tyranny  and 
of  the  subversion  of  our  liberties,  is,  to  speak  the  language 
of  enthusiasm."  Adverting  to  the  allegation,  that  it  had 
become  a  prevailing  doctrine,  that  republican  principles 
Vol.  1X1.^32 


498  THE   KEPUBLIO.  [1788. 

ought  to  be  hooted  out  of  the  world,  he  remarked: 
"  There  have  been,  undoubtedly,  some  men  who  have  had 
speculative  doubts  on  the  subject  of  Government ;  but 
the  principles  of  Republicanism  are  founded  on  too  firm 
a  basis  to  be  shaken  by  a  few  speculative  and  sceptical 
reasoners.  We  have  erred  through  excess  of  caution, 
and  a  zeal,  false  and  impracticable.  Our  counsels  have 
been  destitute  of  consistency  and  stability.  I  trust,  that 
the  proposed  Constitution  affords  a  genuine  specimen  of 
Representative  and  Republican  Government;  and,  that 
it  will  answer,  in  an  eminent  degree,  all  the  beneficial 
purposes  of  society." 

Smith,  Lansing,  and  Clinton,  replied.  They  were 
again  answered  by  Hamilton,  who  was  followed  by  Har- 
rison and  Livingston,  in  favor  of  the  Constitution  ;  and 
by  Smith,  in  opposition.  Jay,  in  his  quiet,  limpid  style, 
without  gesture,  yet  impressive,  closed  the  debate.  He 
contended,  that  the  representation  would  be  adequate  to 
all  the  purposes  of  the  Federal  Government ;  and,  that 
the  facility  of  corruption  was  much  greater  in  the  exist- 
ing Congress,  than  it  could  possibly  be  under  the  new 
Government.  "  I  cannot,"  he  observed,  "  conclude  with- 
out repeating,  that,  though  I  prefer  a  large  representa- 
tion, yet,  considering  our  present  situation,  I  see  abundant 
reason  to  acquiesce  in  the  wisdom  of  the  General  Con- 
vention, and  to  rest  satisfied,  that  the  representation  will 
increase  in  a  sufficient  degree,  to  answer  the  wishes  of 
the  most  zealous  advocates  for  liberty." 

The  constitution  and  powers  of  the  Senate  were  next 
discussed  ;  and,  after  a  highly- wrought  picture  of  the  dan- 
gerous nature  of  that  body,  several  amendments  were  pro- 
posed. Of  these,  the  principal  were,  that  no  Senator 
should  be  eligible  more  than  six  out  of  twelve  years  ;  and, 
that  the  Senators  should  be  subject  to  be  recalled  during 


^T.  81.]  HAMILTON.  499 

their  term  of  service.  Lansing  supported  this  proposition 
with  great  zeal,  insisting,  that  it  alone  would  give  the 
States  a  due  control  over  the  Senate.  Morris,  Harrison, 
and  Livingston  replied. 

During  this  discussion,  Hamilton  received  a  letter  an- 
nouncing the  ratification  of  the  Constitution  by  New 
Hampshire.*  Thus  the  requisite  number  of  nine  States 
had  adopted  it.  Inspirited  by  this  result,  he  again  entered 
into  the  debate.  "  We  all,"  he  said,  "  with  equal  sincerity, 
profess  to  be  anxious  for  the  establishment  of  a  Republi- 
can Government,  on  a  safe  and  solid  basis.  It  is  the  ob- 
ject of  the  wishes  of  every  honest  man  in  the  United 
States ;  and,  I  presume,  I  shall  not  be  disbelieved,  when  I 
declare,  that  it  is  an  object  of  all  others,  the  nearest  and 
dearest  to  my  own  heart.  The  means  of  accompHshing 
this  great  purpose,  become  the  most  important  study 
which  can  interest  mankind;  It  is  our  duty,  to  examine 
all  those  means  with  peculiar  attention ;  and  to  choose  the 
best  and  most  effectual.  It  is  our  duty,  to  draw  from  na- 
ture, from  reason,  from  examples,  just  principles  of  pol- 
icy ;  and  to  pursue  and  apply  them  in  the  formation  of 
our  Government.  We  should  contemplate  and  compare 
the  systems  which,  in  this  examination,  come  under  our 
view ;  distinguish,  with  a  careful  eye,  the  defects  and  ex- 
cellencies of  each ;  and,  discarding  the  former,  incorporate 
the  latter,  as  far  as  circumstances  will  admit,  into  our 
Constitution.  If  we  pursue  a  different  course  and  neg- 
lect this  duty,  we  shall  probably  disappoint  the  expecta- 
tions of  our  country  and  of  the  world.  In  the  commence- 
ment of  a  Revolution  which  received  its  birth  from  the 
usurpation  of  tyranny,  nothing  was  more  natural,  than 

*  Belknap's  History,  ii.  368,  states,  that  the  Convention  sat  three  days, 
*'  and  with  the  same  help  as  in  Massachusetts,"  it  was  ratified  by  a  majority 
of  eleven,  out  of  one  hundred  and  three  votes. 


500  THE    KEPUBLIC.  [1788. 

that  the  public  mind  should  be  influenced  by  an  extreme 
spirit  of  jealousy.  To  resist  its  encroachments,  and  to 
nourish  this  spirit,  was  the  great  object  of  all  our  public 
and  private  institutions.  The  zeal  for  liberty  became 
predominant  and  excessive.  In  forming  our  Confedera- 
tion, this  passion  alone  seemed  to  actuate  us  ;  and  we  ap- 
pear to  have  had  no  other  view  than  to  secure  ourselves 
from  despotism.  The  object  deserved  our  utmost  atten- 
tion. But  there  is  another  object,  equally  important, 
and  which  our  enthusiasm  rendered  us  little  capable  of 
regarding.  I  mean,  a  principle  of  strength  and  stability 
in  the  organization  of  our  Governments,  and  vigor  in  its 
operations.  This  purpose  could  never  be  accomplished, 
but  by  the  establishment  of  some  select  body,  formed 
upon  this  principle.  There  should  be,  in  every  Republic, 
some  permanent  body  to  correct  the  prejudices,  check 
the  intemperate  passions,  and  regulate  the  fluctuations  of 
a  popular  assembly.  A  body  instituted  for  these  pur- 
poses must  be  so  formed  as  to  exclude,  as  much  as  possi- 
ble, from  its  own  character,  those  infirmities  and  that  in- 
stability, which  it  is  designed  to  remedy.  It  should,  there- 
fore, be  small ;  should  hold  its  authority  during  a  consid- 
erable period,  and  should  have  such  an  independence  in 
the  exercise  of  its  powers,  as  will  raise  it,  as  much  as  pos- 
sible, above  local  prejudices.  It  should  be  so  formed,  as 
to  be  the  centre  of  political  knowledge  ;  to  pursue  always 
a  steady  line  of  conduct,  and  to  reduce  every  irregular 
propensity  to  system.  Without  such  an  establishment, 
we  may  make  experiments  without  end,  but  shall  never 
have  an  efficient  Government.  It  is  an  unquestionable 
truth,  that  the  body  of  the  people,  in  every  country,  desire 
sincerely  its  prosperity.  But,  it  is  equally  unquestionable, 
that  they  do  not  possess  the  discernment  and  stability  ne- 
cessary for  systematic  government.     To  deny  that  they 


iET.  31.]  HAMILTOIT.  501 

are  frequently  led  by  the  grossest  errors,  by  misinforma- 
tion, and  by  passion,  would  be  a  flattery,  which  their  own 
good  sense  would  despise.  These  truths  are  not  often 
told  in  public  assemblies,  but  they  cannot  be  unknown  to 
any  who  hear  me.  It  follows,  that  there  ought  to  be  two 
distinct*  bodies  in  our  Government — one,  which  shall  be 
immediately  constituted  by,  and  peculiarly  represent,  the 
people,  and  possess  all  the  popular  features — another, 
formed  upon  the  principles,  and  for  the  purposes,  I  have 
before  stated."  Having  pointed  out  the  tendency  of  the 
proposed  amendments  to  destroy  the  stability,  permanence, 
and  independence  of  the  Senate,  he  observed  :  "  The  in- 
terests of  the  States  and  of  the  United  States,  have  been 
placed  in  contrast.  This  is  not  a  fair  view  of  the  subject. 
They  must,  necessarily,  be  involved  in  each  other.  What  we 
apprehend  is,  that  some  sinister  prejudice,  or  prevailing  pas- 
sion, may  assume  the  form  of  a  genuine  interest.  The  influ- 
ence of  these  is  as  powerful  as  the  most  permanent  con- 
viction of  the  public  good,  and  against  this  influence  we 
ought  to  provide.  There  must  be  a  perpetual  accommo- 
dation and  sacrifice  of  local  advantage  to  general  expedi- 
ency. But,  a  mere  popular  assembly  would  be  rarely 
actuated  by  this  consideration.  It  is,  therefore,  absolute- 
ly necessary,  that  the  Senate  should  be  so  formed  as  to 
be  unbiased  by  false  conceptions  of  the  real  interests,  or 
undue  attachment  to  the  apparent  good,  of  their  several 
States." 

These  observations  were  followed  by  others,  showing 
that,  the  States  "  were  essential  component  parts  of  the 
Union  ; "  and,  that  the  means  they  possessed  of  sustaining 

*  It  is  related  by  Benson,  that  being  checked  in  the  fall  progress  of  his  re- 
marks, Hamilton  observed  to  him  in  an  under  tone,  "  I  must  state  the  Consti- 
tution in  all  its  truth  and  force."  "  Go  on,"  Benson  replied,  "  you  will  not 
lose  a  vote." 


502  THE    REPUBLIC.  [1Y88. 

themselves,  rendered  all  apprehension  for  their  safety- 
groundless.  He  then  returned  to  the  considerations  in 
favor  of  a  select  and  durable  Senate.  "  A  government," 
he  remarked,  "  changeable  in  its  policy,  must  soon  lose 
its  sense  of  national  character,  and  forfeit  the  respect  of 
foreigners.  Senators  will  not  be  solicitous  for  the  repu- 
tation of  public  measures,  in  which  they  take  but  a  tem- 
porary part ;  and  will  feel  lightly  the  burden  of  public  dis- 
approbation, in  proportion  to  the  number  of  those  who 
partake  of  the  censure."  "  This,"  he  observed  in  his  closing 
remarks,  "  This  is  the  first  fair  opportunity  that  has  been 
offered  of  deliberately  correcting  the  errors  in  Govern- 
ment. Instability  has  been  a  prominent,  and  very  defect- 
ive feature  in  most  Repubhcan  systems.  It  is  the  first  to  be 
seen,  and  the  last  to  be  lamented  by  a  philosophical  in- 
quirer. It  has  operated  most  banefully  in  our  infant  re- 
pubHcs.  It  is  necessary  that  we  apply  an  immediate 
remedy,  and  eradicate  the  poisonous  principle  from  our 
Government.  If  this  be  not  done,  we  shall  feel,  and  pos- 
terity will  be  convulsed  by  the  malady."  * 

After  a  defence  of  the  proposed  amendment  by  Lan- 
sing and  Smith,  who  insisted,  that  the  States  would  be 
gradually  extinguished,  unless  the  dependence  of  the 
Senate  on  the  State  Legislatures  should  be  thus  secured ; 
and,  that  the  Senate  would  otherwise,  become  a  perpetual 
body,  under  the  influence  of  a  perpetual  faction,  Hamil- 

*  It  is  stated,  that  he  occupied  two  days  on  the  Senate.  "  Tears  were  in 
the  eyes  of  the  audience."  Colonel  Huger  6f  S.  C,  said,  "  I  did  not  conceive 
it  possible  for  man  to  speak  so."  And  Chancellor  Kent  remarks — "  His  two 
speeches  on  the  organization,  powers,  and  stability  of  the  Senate,  were  re- 
garded at  the  time,  by  the  best  judges,  as  the  noblest  specimens  which  the  de- 
bates in  that,  or  any  other  assembly,  ever  afforded,  of  the  talents  and  wis- 
dom of  the  statesman,"  How  much  is  to  be  regretted  the  bald  and  inac- 
curate reports  of  them,  from  which  this  outline  is  drawn. 


^T.  31.]  HAMILTON.  503 

ton  resumed  his  argument,  which  was  much  extended. 
The  leading  observations  will  only  be  given.  "There 
are  two  objects,"  he  said,  "  in  forming  systems  of  gov- 
ernment— safety  for  the  people,  and  energy  in  the  admin- 
istration. When  these  are  united,  the  certain  tendency 
of  the  system  will  be  to  the  public  welfare.  If  the  latter 
be  neglected,  the  security  of  the  people  will  as  certainly 
be  sacrificed,  as  by  disregarding  the  former.  Good  con- 
stitutions are  formed  upon  a  comparison  of  the  liberty  of 
the  individual  with  the  strength  of  government.  If  the 
tone  of  either  be  too  high,  the  other  will  be  weakened  too 
much.  It  is  the  happiest  possible  mode  of  conciliating 
these  objects,  to  institute  one  branch  peculiarly  endowed 
with  sensibihty,  another  with  knowledge  and  firmness. 
Through  the  opposition  and  mutual  control  of  these 
bodies,  the  government  will  reach,  in  its  regular  opera- 
tions, the  perfect  balance  between  liberty  and  power. 
I  admit  that  the  aggregate  of  individuals  constitutes  the 
Government.  Yet  every  State  is  not  the  Government. 
Every  petty  district  is  not  the  Government.  In  our 
State  Legislatures,  a  compromise  is  frequently  necessary 
between  the  interests  of  counties.  The  same  thing  must 
happen  in  the  General  Government  between  States.  In 
this,  the  few  must  yield  to  the  many — the  particular  must 
be  sacrificed  to  the  general  interest.  It  is  proper,  that 
the  influence  of  the  States  should  prevail  to  a  certain  ex- 
tent. But  shall  the  individual  States  be  the  judges  how 
far  ?  Shall  an  unlimited  power  be  left  to  them  to  deter- 
mine in  their  own  favor  ?  Gentlemen  go  to  an  extreme. 
Instead  of  a  wise  Government,  they  would  form  a  fanci- 
ful Utopia.  Men  will  pursue  their  interests.  It  is  as  easy 
to  change  human  nature,  as  to  oppose  the  strong  current  of 
the  selfish  passion?.  A  wise  legislator  will  gently  divert 
the  channel,  and  direct  it,  if  possible,  to  the  public  good." 


CHAPTER    LIV. 

After  the  conclusion  of  the  debate,  on  the  structure 
of  the  Legislative  body,  the  article,  declaring  its  powers, 
was  considered.  It  was  asserted,  that,  connecting  the 
preamble  with  the  clause  which  gave  the  power  of  raising 
revenue,  and  with  that  which  empowered  the  making  of 
all  laws  necessary  and  proper  for  carrying  into  execution, 
the  powers  vested  in  the  Government  by  the  Constitution, 
Congress  "  might  pass  any  law  it  thought  proper."  An 
amendment  was  proposed,  prohibiting  an  excise  being 
imposed  on  articles,  the  growth  or  manufacture  of  the 
United  States :  forbidding  the  laying  direct  taxes,  until 
the  proceeds  from  the  impost  and  excise  were  insufficient ; 
and  then,  only,  after  a  requisition  for  the  amount  upon  the 
States.  Smith  declared,  that  the  General  Government 
should  rest  in  some  degree,  not  only  for  its  foundation, 
but  operation,  on  the  State  Governments ;  and  their  re- 
spective powers  be  clearly  defined.  Unless  some  specific 
revenue  is  reserved  to  them,  their  governments,  with  their 
Independence,  will  be  totally  annihilated.  "  A  consoHda- 
tion  of  the  States,"  Livingston  observed,  "ought  to  be 
avoided,  but  the  extent  of  the  country  will  not  admit  of 
a  representation  upon  principles,  in  any  great  degree, 
democratic.  We  shall  become  a  manufacturing  people — 
Imports  will  diminish — New  sources  of  revenue  be  re- 
quired— Distilled  liquors  will  be  a  first  object  of  excise, 


^T.  31.]  HAMILTON.  505 

very  productive  and  favorable  to  morals."  Hamilton  took 
a  large  view  of  this  part  of  the  Constitution.  "  After  all 
our  doubts — our  suspicions  and  speculations  on  the  subject 
of  government,  we  must  return,"  he  observed,  "  at  last  to 
this  important  truth — that,  when  we  have  formed  a  Con- 
stitution upon  free  principles,  when  we  have  given  a  prop- 
er balance  to  its  different  branches,  and  fixed  the  Rep- 
resentation upon  pure  and  equal  principles,  we  may  with 
safety  confide  to  it  all  the  powers  necessary  to  answer, 
in  the  most  ample  manner,  the  purposes  of  government." 
He  then  examined,  at  length,  the  structure  of  the  Fede- 
ral Government,  to  show  how  far  these  purposes  had  been 
accomplished.  He  next  considered  the  objects  of  the  re- 
spective governments,  in  order,  to  exhibit  the  necessity  of 
confe-rring  on  that  of  the  Union,  a  command  of  the  revenue  ; 
and  pointed  out  the  inconveniences  of  attempting  to  give 
to  each,  exclusive  sources  of  revenue  ;  alleging,  that  the 
concurrent  system  proposed,  would,  in  fact,  be  most  advan- 
tageous to  the  States. "  The  existence  of  the  State  Gov- 
ernments, he  remarked,  "  must  form  a  leading  principle  in 
the  most  perfect  Constitution  we  could  form.  It  never 
can  be  the  interest  or  desire  of  the  National  Legislature 
to  destroy  them.  It  can  derive  no  advantage  from  such 
an  event,  but  would  lose  an  indispensable  support,  a  ne- 
cessary aid  in  executing  the  laws,  and  conveying  the  in- 
fluence of  government  to  the  doors  of  the  people.  The 
Union  is  dependent  on  the  will  of  the  States  for  its  Chief 
Magistrate,  and  for  its  Senate — a  blow  aimed  at  the  mem- 
bers must  give  a  fatal  wound  to  the  head — The  destruc- 
tion of  the  States  would  be,  a  political  suicide.  Can  the 
National  Government  be  guilty  of  such  madness  ?  What 
inducements,  what  temptations  can  they  have  ?  Will  they 
attach  new  honors  to  their  station  ?  Will  they  increase 
the  National  strength  ?     Will  they  multiply  the  National 


506  THE   EEPUBLIO.  [1788. 

resources  ?  Will  they  render  themselves  more  respecta- 
ble in  the  view  of  foreign  nations,  or  of  their  fellow-citi- 
zens, by  robbing  the  States  of  their  Constitutional  privi- 
leges ?  Should  such  a  political  frenzy  seize  the  General 
Government,  the  attempt  would  be  impracticable. 

"  There  are  certain  social  principles  in  human  nature 
from  which  we  may  draw  the  most  solid  conclusions  as  to 
the  conduct  of  individuals,  and  of  governments.  We  love 
our  families,  more  than  our  neighbors.  We  love  our  neigh- 
bors, more  than  our  countrymen  in  general.  The  human 
affections,  like  the  solar  heat,  lose  their  intensity  as  they 
depart  from  the  centre,  and  become  languid  in  proportion 
to  the  expansion  of  the  circle  on  which  they  act.  Hence, 
the  attachment  of  individuals  will  be  first,  and  for  ever 
secured  by  the  State  Governments.  The  States  can  never 
lose  their  powers,  until  the  whole  people  of  America  are 
robbed  of  their  liberties.  These  must  go  together.  They 
must  support  each  other  or  meet  one  common  fate.  It  is 
said,  where  the  laws  of  the  Union  are  supreme,  those  of 
the  States  must  be  subordinate,  because  there  cannot  be  two 
supremes.  This  is  curious  sophistry.  That  two  supreme 
powers  cannot  act  together,  is  false.  They  are  inconsist- 
ent only,  when  they  are  aimed  at  each  other,  or  at  one 
indivisible  object.  The  laws  of  the  United  States  are 
supreme,  as  to  their  proper.  Constitutional  objects.  Those 
of  the  States  are  supreme,  in  the  same  way.  These 
supreme  laws  can  act  on  different  objects  without  clashing, 
or  they  may  operate,  on  different  parts  of  the  same  com- 
mon object,  with  perfect  harmony.  The  meaning  of  the 
maxim,  that  there  cannot  be  two  supremes,  is  simply  this 
— two  powers  cannot  be  supreme  over  each  other.  "  He 
closed  with  this  remark  :  "  I  wish  the  committee  to  re- 
member, that  the  Constitution  under  examination  is  framed 
upon  truly  republican  principles  ;  and  that,  as  it  is  ex- 


^T.  31.]  HAMILTON.  507 

pressly  designed  to  provide  for  the  common  protection, 
and  the  general  welfare  of  the  United  States,  it  must  be 
utterly  repugnant  to  this  Constitution  to  subvert  the  State 
Governments,  or  to  oppress  the  people."  *  Hamilton  now 
wrote  to  Madison :  ^  There  is  more  and  more  reason 
to  believe,  that  our  conduct  will  be  influenced  by  yours. 
Our  discussions  have  not  yet  travelled  beyond  the  power 
of  taxation.  To-day,  we  shall  probably  quit  this  ground, 
to  pass  to  another.  Our  arguments  confound,  but  do  not 
convince.  Some  of  the  leaders,  however,  appear  to  be 
convinced  by  circumstances,  and  to  be  desirous  of  a  retreat. 
This  does  not  apply  to  the  Chief,  who  wishes  to  establish 
Clintonism  on  the  basis  of  Antifederalism.  "  *  #  * 
"  The  object  of  the  party  at  present  is,  undoubtedly,  condi- 
tional amendments."  "  There  are  some  slight  symptoms  of 
relaxation  in  some  of  the  leaders,  which  authorize  a 
gleam  of  hope,  if  you  do  well,  but  certainly,  I  think,  not 
otherwise. " 

Such  was  the  action  and  reaction  of  the  several  States 
upon  each  other. 

At  the  opening  of  the  Convention,  on  the  following 
day,  Hamilton  asked  leave  to  introduce  a  series  of  official 
papers,  in  order  to  show,  that  "  New  York  had  sustained 
peculiar  misfortunes  from  the  mode  of  raising  revenues  by 
requisitions,  and  had  suffered  the  extremes  of  distress  on 
account  of  this  delusive  system."  After  these  papers  were 
read.  Governor  Clinton  observed,  "  that  there  could  be  no 
doubt,  that  the  representations  made  in  them,  were  true, 
and  that  they  clearly  expressed  the  sentiments  of  the  peo- 
ple at  those   periods.     Our  severe  distresses  naturally  led 

*  Harrison's  notes  of  this  speech,  are  very  imperfect. — They  commence 
— "  Bravo.  This  is  one  of  the  most  excellent,  energetic  speeches  I  ever  heard.'* 
He  soon  abandoned  the  attempt  to  follow  the  rapidity  of  the  speaker. 


508  THE  KEPUBLIC.  [1788. 

us  into  an  opinion,  that  the  Confederation  was  too  weak. 
It  appears  to  me,  the  design  of  producing  these  papers  is 
something  more,  than  to  show  the  sentiments  of  the  State 
during  the  war ;  that,  it  is  to  prove,  that  there  now  exists 
an  opposition  to  an  energetic  government.  I  declare 
solemnly,  that  I  am  a  friend  to  a  strong  and  efficient  gov- 
ernment. But  we  may  err  in  this  extreme.  We  may 
erect  a  system,  that  will  destroy  the  liberties  of  the  peo- 
ple. At  the  time  some  of  these  resolves  were  passed,  there 
was  a  dangerous  attempt  to  subvert  our  liberties,  by 
creating  a  supreme  Dictator.  There  are  many  here  pres- 
ent, who  know  how  strongly  I  opposed  it.  My  opposition 
was  at  the  very  time  we  were  surrounded  with  difficulties 
and  dangers.  The  people,  when  wearied  with  their  dis- 
tresses, will,  in  the  moment  of  frenzy,  be  guilty  of  the 
most  imprudent  and  desperate  measures.  If  gentlemen 
can  show,  that  the  proposed  Constitution  is  a  safe  one,  I 
will  drop  all  opposition." 

Hamilton  then  arose,  and,  referring  to  the  observations 
of  Clinton,  inquired,  why,  after  his  declarations  in  favor 
of  a  strong  Federal  Government,  he  had  not  pointed  out 
the  defects  of  the  proposed  Constitution,  or  suggested  a 
better  form  ?  He  then  adverted  to  the  conduct  of  the 
opponents  of  the  impost,  and,  admitting,  that  he  was 
bound  from  a  sense  of  their  integrity,  to  believe,  that 
they  were  attached  to  a  strong  United  Government,  he 
confessed,  that  he  found  it  difficult  to  draw  this  conclu- 
sion from  their  conduct  or  their  reasonings.  He  then 
proceeded  in  his  argument  in  favor  of  the  fiscal  powers 
of  the  Constitution.  •  "  The  word  '  supreme,' "  he  remarked, 
"  imported  no  more  than  this — that  the  Constitution  and 
laws  made  in  pursuance  of  it,  cannot  be  controlled  or  de- 
feated by  any  other  law.  The  acts  of  the  United  States 
will  be  absolutely  obligatory  as  to  all  the  proper  objects 


^T.  31.]  HAMILTOIsr.  509 

and  powers  of  the  General  Government.  The  States  as 
well  as  Individuals,  are  bound  by  these  laws.  But,  the 
laws  of  Congress  are  restricted  to  a  certain  sphere ;  and 
when  they  depart  from  this  sphere,  thqy  are  no  longer 
supreme,  or  binding.  In  the  same  manner,  the  States 
have  certain  independent  powers,  in  which  their  laws  are 
supreme.  That  the  States  have  an  undoubted  right  to 
lay  taxes  in  all  cases  in  which  they  are  not  prohibited,  is 
a  position  founded  on  the  obvious  and  important  princi- 
ple in  confederated  governments,  that  all  powers  not  ex- 
clusively granted,  are  retained.*  The  exclusive  grant  is 
spen  in  three  cases — where,  by  express  words  of  exclusion 
— by  affirmative  and  negative  expressions — and  by  direct 
repugnancy.  Exclusive  legislation  over  the  Federal  city,  is 
an  example  of  the  first — revenue  from  Imports,  of  the  second, 
— an  uniform  rule  of  Naturalization,  of  the  third."  He  then 
showed  the  propriety  of  the  power  of  taxation  being  con- 
current, and  that  its  objects  ought  not  to  be  defined. 
Having  dwelt  upon  the  remissness  of  the  States,  he 
pointed  out  fully  the  impolicy  of  again  resorting  to  re- 
quisitions ;  and  then,  alluding  to  the  probable  changes  in 
the  condition  of  this  country,  deduced  the  wisdom  of  the 
provision,  which  contemplated  an  eventual  resort  to  ah 
excise  on  manufactures,  when  fully  established — remark- 
ing :  "  Even  at  the  present  period,  there  is  one  article, 
from  which  a  revenue  may  very  properly  be  drawn.  I 
speak  of  ardent  spirits." 

.  ..."  In  every  view,  excises  on  domestic  manufac- 
tures would  benefit  New  York.  But  you  would  defeat 
the  advantages  of  our  situation,  by  drawing  upon  us  all 

*  This  is  taken  from  Hamilton's  MSS.  brief.  The  report,  erroneously, 
pves  the  language,  "  that,  whatever  is  not  expressly  given  to  the  Federal  Head, 
is  reserved  to  the  members." 


610  THE    KEPUBLIO.  [1788. 

the  burthens  of  government.  The  nature  of  the  Union 
requn-es,  that  we  should  give  up  our  State  impost.  The 
excises  were  designed  as  a  recompense  to  the  importing 
States  for  relinquishing  their  imposts.  Why  should  we 
reject  the  benefits  conferred  on  us  ?  Why  run  blindly 
against  our  interest  ?  I  shall  no  furthur  enlarge  on  this 
argument — my  exertions  have  already  exhausted  me.  I 
have  persevered  from  an  anxious  desire  to  give  the  most 
complete  conception  of  this  subject.  I  fear,  that  I  have 
not  been  so  successful  as  to  bestow  upon  it  that  full  and 
clear  light  of  which  it  is  susceptible. 

"  I  am  apprehensive,  that,  in  the  warmth  of  my  feelings, 
I  may  have  uttered  expressions  which  were  too  vehement. 
If,  such  has  been  my  language,  it  proceeds  from  the  habit 
of  using  strong  phrases  to  express  my  sense,  and  above 
all,  from  the  interesting  nature  of  the  subject.  I  have 
ever  condemned  those  cold,  unfeeling  hearts,  which  no 
object  can  animate.  I  condemn  those  indifferent  mor- 
tals, who  either  never  form  opinions,  or  never  make  them 
known.  I  confess,  that  on  no  subject  has  my  heart  been 
filled  with  stronger  emotions,  or  more  anxious  concern. 
If  any  thing  has  escaped  me,  which  may  be  construed 
into  a  personal  reflection,  I  beg,  once  for  all,  gentlemen, 
to  be  assured,  that  I  have  no  design  to  wound  the  feelings 
of  any  opposed  to  me.  Yet,  I  cannot  but  take  notice  of 
some  expressions,  which  have  fallen  in  the  course  of  the 
debate.  It  has  been  said,  that  ingenious  men  may  say  in- 
genious things ;  and,  that  those  who  are  interested  in 
raising  the  few  upon  the  ruins  of  the  many,  may  give  to 
every  cause  an  appearance  of  justice.  I  know  not 
whether  these  insinuations  allude  to  the  characters  of  any 
who  are  present,  or  to  any  of  the  reasonings  in  this  house. 
I  presume,  that  such  motives  would  not  be  ungenerously 
imputed  to  those  who  differ  from  themselves.     I  declare. 


Mr.Zl.]  HAMILTON.  511 

I  know  not  any  set  of  men  who  are  to  derive  peculiar 
advantages  from  this  Constitution.  Were  any  permanent 
honors  or  emoluments  to  be  secured  to  the  families  of 
those  who  have  been  active  in  this  cause,  there  might  be 
ground  for  suspicion.  But  what  reasonable  man,  for  the 
precarious  enjoyment  of  rank  and  power,  would  estabhsh 
a  system  which  would  reduce  his  nearest  friends  and  his 
posterity,  to  slavery  and  ruin  ?  If  gentlemen  count  me 
among  the  obnoxious  few — if  they  imagine,  that  I  contem- 
plate with  an  ambitious  eye,  the  immediate  honors  of  the 
Government ;  yet,  let  them  consider,  that  I  have  my  friends 
— my  family — my  children,  to  whom  the  ties  of  nature 
and  of  habit  have  attached  me.  If,  to-day,  I  am  among 
the  favored  few  ;  my  children,  to-morrow,  may  be  among 
the  oppressed  many.  These  dearest  pledges  of  my  pa- 
triotism, may,  at  a  future  day,  be  suffering  the  severe  ca- 
lamities to  which  my  ambition  has  reduced  them.  The 
changes  in  the  human  condition  are  uncertain,  and  fre- 
quent. Many,  on  whom  fortune  has  bestowed  her  favors, 
may  trace  their  family  to  a  more  unprosperous  station  ; 
and  many  who  are  now  in  obscurity,  may  look  back  upon 
the  affluence  and  exalted  rank  of  their  ancestors.  It 
cannot  be  the  wish  of  any  reasonable  man,  to  establish  a 
Government  unfriendly  to  the  liberties  of  the  people.  It 
is  not  to  be  presumed,  that  the  advocates  of  this  Consti- 
tution are  influenced  by  ambitious  views.  The  suspicion 
is  unjust — the  charge  is  uncharitable." 

Lansing  insisted,  that  the  power  of  Congress  reached 
every  source  of  revenue — involving  various  litigation,  un- 
der the  judicial  cognizance  of  the  United  States ;  that  the 
States  had  ever  shown  a  disposition  to  comply  with  the 
requisitions,  and  that  the  delinquencies  were  to  be  attrib- 
uted to  the  impoverished  state  of  the  country.  He  dwelt 
upon  the  dangers  of  giving  to  the  General  Government, 


612  THE    REPXTBLIO.  [1788. 

the  sword  and  purse.  "It  has  been  admitted,"  he  ob- 
served, "by  an  honorable  gentleman  from  New  York, 
that  the  State  Governments  are  necessary  to  secure  the 
liberties  of  the  people.  He  has  urged  several  forcible  rea- 
sons, why  they  ought  to  be  preserved  under  the  new  sys- 
tem;  and  he  has  treated  the  idea  of  the  General  and 
State  Governments,  being  hostile  to  each  other,  as  chi- 
merical. That  a  hostility  between  these  would  exist,  was  a 
received  opinion  in  the  late  Convention  at  Philadelphia. 
That  honorable  gentleman  was  then  fully  convinced,  that 
it  would  exist,  and  argued  with  much  decision  and  plaus- 
ibility, that  the  State  Governments  ought  to  be  subverted, 
at  least,  so  far,  as  to  leave  them  only  corporate  rights ; 
and  that,  even  in  that  situation,  they  would  endanger  the 
existence  of  the  General  Government.  But,  the  honor- 
able gentleman's  reflections  have  probably  induced  him 
to  correct  that  sentiment." 

Hamilton  here  interrupted  Lansing,  "entered  into  a 
statement  of  facts — denied  his  assertions — affirmed,  that 
in  the  General  Convention  his  ideas  had  been  uniformly 
the  same,  as  on  the  present  occasion ;  that  though  he,  at 
that  time  declared,  as  he  had  constantly  and  publicly 
done  since,  his  apprehension,  that  the  State  Governments 
would  finally  subvert  the  General  system,  unless  the  arm 
of  the  Union  was  more  strengthened,  than  it  was  even  by 
this  Constitution,  yet  he  had,  through  the  whole  of  the 
business,  advocated  the  preservation  of  the  State  Govern- 
ments, and  affirmed  them  to  be  useful  and  necessary." 
He  charged  Lansing's  insinuation  as  "  unbecoming,  improp- 
er, and  uncandid."  Lansing  resented  warmly  the  imputa- 
tion, and  appealed  to  Chief  Justice  Yates,  who  had  taken 
notes  in  the  Federal  Convention,  for  a  proof  of  Hamil- 
ton's expressions.  A  motion  for  an  adjournment  termi- 
nated the  altercation. 


-^T.  31.]  HAMILTON.  5I3 

At  the  next  meeting  of  the  Convention,  the  Chief 
Justice  was  again  called  upon  by  Lansing,  for  his  evi- 
dence. In  this  appeal,  Hamilton  acquiesced.  After 
apologizing  for  the  possible  mistakes  of  his  minutes, 
Yates  stated,  that,  in  the  General  Convention,  Hamilton 
had  urged  strongly  giving  the  most  complete  sovereignty 
to  Congress,  and  that,  in  order  to  prevent  the  encroach- 
ments which  he  feared  -the  State  Governments  would 
make  upon  the  Union,  they  should  be  reduced  to  a  small- 
er scale,  and  be  invested  with  only  corporate  powers. 
Hamilton  observed,  that,  corporate  was  an  ambiguous 
term ;  and  asked  Yates,  if  he  understood,  that  he  used  it, 
as  descriptive  of  powers  similar  to  those  of  the  City  of 
New  York  ?  To  which  Yates  answered  in  the  negative, 
adding,  that  he  understpod  the  gentleman  not  to  wish 
such  a  privation  of  powers  as  would  reduce  the  States  to 
mere  corporations,  in  the  popular  acceptation  of  that  term, 
but  only  such  as  would  prevent  the  members  from  re- 
tarding, in  any  degree,  the  operations  of  the  United  Gov- 
ernment. 

Hamilton  then  asked  htm,  if  he  did  not,  after  the  de- 
bate in  the  Federal  Convention,  hear  him  say,  that  his 
opinion  was,  that  the  State  Governments  ought  to  be  sup- 
ported, and  that  they  would  be  useful  and  necessary  ;  and, 
if  he  did  not  remember,  that  he,  had  recommended,  (as  an 
additional  security  to  the  State  Governments,)  a  Court  of 
Impeachments,  to  be  composed  of  the  chief  Judges  of  the 
several  States,  together  with  the  Chief  Justice  of  the 
United  States?  To  all  these  questions  Yates  gave  an 
affirmative  answer.  On  Jay's  proposing  to  him  some 
questions,  with  a  view  to  place  this  matter  in  the  most  ex- 
plicit point  of  light,  Yates  answered  as  before — that  Colonel 
Hamilton  did  not  appear  to  him  to  point  at  a  total  extinguish- 
ment of  the  State  Governments,  but  only  to  deprive  them 
Vol.  tit. -33 


514  THE   KEPUBLIO.  [1788. 

of  the  means  of  impeding  the  operation  of  the  Union. 
Some  explanations  were  attempted  by  Lansing,  but,  Jay 
having  the  floor,  he  was  called  to  order.  He  afterwards 
expressed  a  wish,  that  Yates's  notes  might  be  read,  but  it 
was  not  permitted,  on  the  suggestion,  that  they  ought  to 
be  brought  forward  by  a  formal  motion,  according  to  the 
rules  of  the  House.  Lansing,  not  seeing  fit  to  comply, 
the  affair  was  terminated  by  a  motion  to  adjourn. 

The  debate  on  the  proposed  amendment  was  conclud- 
ed on  the  second  of  July.  From  its  course,  it  was  appar- 
ent, that  the  subject  had  been  previously  exhausted. 
The  succeeding  day,  the  clause  authorizing  Loans,  was 
considered ;  when  an  amendment  was  moved  by  Lansing, 
that,  the  assent  of  two-thirds  of  the  members  present  of 
both  Houses,  should  be  necessary  for  that  purpose. 

Hamilton,  Harrison,  Jay,  and  the  Chief  Justice  op- 
posed earnestly  this  amendment.  Smith  and  Clinton  sus- 
tained it.  The  latter  would  have  placed  it  on  the  same 
grounds  with  that  part  of  the  Constitution,  which  required 
two-thirds  of  the  Senate  to  make  Treaties,  and  two-thirds 
of  the  Court  of  Impeachments  to  convict.  During  his 
speech,  an  express  arrived,  and  Hamilton  read  to  the 
Convention,  Madison's  letter,  announcing  the  ratification 
by  Virginia.  A  salute  was  fired.  Various  amendments 
were  then  proposed — one,  by  Lansing,  to  require  the  con- 
currence of  two-thirds  to  raise  or  maintain  regular  troops 
during  peace  ;  another,  that,  the  militia  should  not  march 
out  of  their  State,  without  the  consent  of  its  Executive  ;  a 
third,  that  no  power,  not  expressly  given,  shall  be  exer- 
cised by  Congress ;  and  that  those  not  expressly  given, 
are  reserved  to  the  States  ;  a  fourth,  excluding  monopo- 
lies ;  a  fifth,  requiring  a  vote  of  two-thirds  of  Congress  to 
declare  war ;  a  sixth,  prohibiting  Congress  from  laying 
out  or  repairing  any  road  through  a  State,  without  the 


^T.  31.]  HAMILTON.  5I5 

consent  of  its  Legislature,  which  was  met  with  laughter. 
No  notice  was  taken  of  these  amendments  by  the  friends 
of  the  Constitution.  Its  opponents,  disheartened  by  the 
intelligence  from  Virginia,  moved  an  adjournment. 

On  the  fourth  of  July,  the  constitution  of  the  Presi- 
dent was  taken  up.  The  objections  to  this  part  of  the 
system  were,  his  re-eligibility — command  of  the  army — 
power  of  pardoning  in  cases  of  treason Amend- 
ments were  proposed,  that  he  should  be  elected  for  seven 
years,  and  then  be  ineligible  ;  and  that  to  his  command  of 
the  army  or  pardoning,  in  case  of  treason,  the  consent  of 
Congress  should  be  necessary. 

The  Judiciary  Department  was  next  considered.  It 
was  said,  that  this  article  is  exceptionable  in  many 
instances  ;  that  it  does  not  define  sufficiently  the  cases  to 
which  it  applied  ;  that  it  rendered  necessary  a  number  of 
Courts,  which  would  be  dangerous  or  expensive  ;  that  it 
might  be  necessary  to  have  Courts  in  every  county,  with 
all  their  officers,  though  Congress  might  commission  the 
State  Courts— but,  that  this  would  be  very  inconvenient ; 
that  the  jurisdictions  may  clash.  The  want  of  a  Court  of 
Errors,  appellate  from  the  Supreme  Court,  was  asserted ; 
and  it  was  urged,  that  new  Courts  generally  tend  to  the 
oppression  of  the  people ;  that  the  two  governments 
should  be  made  to  harmonize  with  each  other — therefore, 
jurisdiction,  in  the  first  instance,  should  be  committed  to 
the  State  Courts ;  that  continual  disputes  would  exist,  un- 
til one  Court  swallowed  up  the  other.  That  the  State 
Courts  would  probably  be  the  victims  ;  that  the  Supreme 
Court  ought  to  be  independent,  but  not  of  the  Legisla- 
ture, and  a  Commission  of  Review,  "  as  in  Wales,"  was 
proposed,  "the  very  knowledge  of  which,"  it  was  re- 
marked, "  will  make   the  Judges  cautious.     This  effect, 


516  THE    REPUBLIC.  [1788. 

alone  would  be  a  sufficient  reason  for  bringing  forward 
the  proposition." 

The  proposed  commission  was  to  consist  of  not  less 
than  seven  learned  men,  to  be  appointed  by  the  Presi- 
dent, with  the  consent  of  the  Senate,  at  the  instance  of 
any  aggrieved  party,  to  correct  the  errors  or  review  the 
sentence  of  the  Supreme  Court — a  provision,  that  would 
thus  place  the  ultimate  administration  of  Justice,  at  the 
will  of  the  Executive  ! ! 

It  was  suggested,  also,  that  intermediate  Courts  of 
Appeal  would  be  necessary — that  doubts  might  arise  as 
to  the  expression,  "  appellate  jurisdiction,^^  both  as  to  Law 
and  Fact — adverting  to  the  provision  of  the  Constitution 
of  New  York,  "  that  appeals  in  this  State  from  Courts  of 
Common  Law,  should  be  by  writ  of  Error." 

After  proposing  several  amendments,  the  objectors 
concluded  with  a  remark,  not  without  force,  "  That  it  had 
been  attempted  to  make  this  Constitution  too  perfect, 
from  a  view  of  particular  inconveniences." 

Melancthon  Smith  followed,  in  opposition  to  the  su- 
perintending power  of  the  Supreme  Court.  Unfortunate- 
ly, no  notes  have  been  found  of  the  arguments  offered  in 
defence  of  this  part  of  the  Constitution.  The  remaining 
articles  were  briefly  discussed. 

The  debate  on  the  Constitution,  in  detail,  being  closed 
on  the  seventh  of  July,  Lansing  submitted  a  Declaration 
of  Rights.  Governor  Clinton  then  stated,  "  that  many  of 
the  amendments  were  merely  declaratory,  others  were  of 
a  different  nature  ;  that  he  wished  them  to  be  arranged, 
and  the  matters  in  support  of  the  clauses  considered. 
To  give  time  for  these  purposes,  he  moved  that  the  Com- 
mittee should  rise.  The  House  adjourned  to  the  eighth. 
On  this  day,  Hamilton  writes  to  Madison :  "  I  felicitate 
you  sincerely  on  the  event  in  Virginia,  but  my  satisfaction 


^T.  31.]  HAMILTON.  517 

will  be  alloyed,  if  I  discover  too  much  facility  in  the  bus- 
iness of  amendment-making.  I  fear  the  system  will  be 
wounded  in  some  of  its  vital  parts,  by  too  general  a  con- 
currence in  some  very  injudicious  recommendations.  I 
allude  more  particularly  to  the  power  of  taxation.  The 
more  I  consider  '  Requisition,'  in  any  shape,  the  more  I 
am  out  of  humor  with  it.  We,  yesterday,  passed  through 
the  Constitution.  To-day,  some  definite  proposition  is  to 
be  brought  forward,  but  what,  we  are  at  a  loss  to  judge. 
We  hav«  good  reason  to  believe,  that  our  opponents  are 
not  agreed,  and  this  affords  some  ground  of  hope.  Dif- 
ferent things  are  thought  of — conditions  precedent ^  or  pre- 
vious amendments ;  conditions  subsequent,  or  the  proposi- 
tion of  amendments  upon  condition,  that,  if  they  are  not 
adopted  within  a  limited  time,  the  State  shall  be  at  lib- 
erty to  withdraw  from  the  Union ;  and,  lastly,  recommend- 
atory amendments.  In  either  case,  constructive  declara- 
tions will  be  carried  as  far  as  possible.  We  will  go,  as 
far  as  we  can,  in  the  latter,  without  invalidating  the  act, 
and  will  concur  in  rational  recommendations.  The  rest, 
for  our  opponents." 

Nothing  was  done  on  the  two  succeeding  days.  On 
the  tenth,  Lansing  brought  forward  his  amendments,  in 
three  classes — Explanatory,  Conditional,  and  Recommen- 
datory. Among  the  first,  was  a  Bill  of  Rights.  The 
Conditional  were,  that  there  should  be  no  standing  army 
in  time  of  peace,  without  the  consent  of  two-thirds  of 
Congress  ;  no  direct  taxes  or  excises  on  American  manu- 
factures ;  the  amendment  previously  stated,  as  to  the 
militia ;  and,  that,  Congress  shall  not  interfere  as  to  the 
elections,  unless  a  State  should  neglect  or  refuse  to  pro- 
vide for  them.  He  then  proposed  a  Committee  from 
each  party,  to  form  a  compromise.  This  was  acceded  to. 
The  Committee  met.    At  this  meeting,  the  Anti-federalists 


518  THE   REPUBLIC.  [1788. 

proposed  a  conditional  adoption.  This  proposition  was 
strongly  opposed  ;  and,  on  the  following  day,  Jay  reported 
the  failure  of  this  attempt,  asserted  that  it  was  equivalent 
to  a  rejection  of  the  Constitution,  and  moved  a  resolution 
for  an  unconditional  ratification  of  it.  Smith  and  Lansing 
insisted,  that,  as  the  Representatives  of  a  Sovereign  State, 
they  had  the  power  to  agree  to  the  Constitution,  under 
any  restrictions  or  qualifications.  As  to  the  proposed 
amendments.  Smith  observed,  that  he  did  not  suppose, 
that  Congress  would  probably  exercise  the  po^vers  re- 
served by  the  intended  ratification.  Will  they  excise 
home  manufactures,  when  we  have  scarce  any  ?  He  de- 
nied, that  he  meant  to  dictate,  that  he  only  wished  a  fair 
consideration  of  the  subject  by  a  Convention  to  be  called 
by  the  other  States. 

Clinton  urged  the  substitute ;  and,  after  a  few  brief 
observations,  inquired,  "Whence  did  Congress  get  the 
power  to  alter  the  original  Confederation,  and  to  organize 
the  present  Government  ?  If  this  question  was  answered 
he  would  answer  the  gentleman's  reasoning."  * 

The  succeeding  day.  Jay  commented  on  the  proceed- 
ings in  the  informal  Committee.  He  complained,  that 
when  they  met  for  mutual  discussion,  they  had  been  in- 
sulted by  a  complete  set  of  propositions  presented  in  a 
dictatorial  manner  for  their  passive  acquiescence.  He 
closed  with  this  reply  to  the  Governor's  question — "  when 
it  is  a  fair  system  of  reasoning  in  the  search  for  truth,  to 

*  12th  July.  Dewitt  Clinton  writes  from  Poughkeepsie  :  "  The  business  of 
the  Convention  is  now  wound  up  to  a  crisis.  I  expect  the  Convention  will 
break  up  in  a  few  days.  The  proposal,  is  the  ne  plus  ultra  of  anti-concession. 
Many,  indeed,  think  they  had  conceded  too  much.  If  the  Fed's  had  been 
friendly,  instead  of  being  inimical,  to  the  proposal,  I  have  my  doubts,  whether 
a  majority  of  the  Anti's  would  not  have  voted  against  it.  But  the  opposition 
of  their  political  adversaries  has  reconciled  them." — Life  of  Lamb,  316. 


JSt.  31.]  HAMILTON.  619 

put  one  difficult  question  in  reply  to  another,  he  would 
feel  it  necessary  to  answer  the  gentleman ;  but,  mean- 
while, would  leave  him  to  reflect  on  this  inquiry  :  How 
comes  it,  that  fish  are  fresh  which  swim  in  salt  water  ?" 

Hamilton  then  took  the  floor.  He  *  "  opened  with  a 
beautiful  exordium,  in  which  he  described,  in  a  delicate, 
but  highly  affecting  manner,  the  various  ungenerous  at- 
tempts to  prejudice  the  minds  of  the  Convention  against 
him.  He  had  been  represented,  as  an  ambitious  man — a 
man,  unattached  to  the  interests  and  feelings  of  the  peo- 
ple ;  and  even  his  supposed  talents  had  been  wrested  to 
his  dishonor,  and  alluded  to,  as  an  impeachment  of  his 
integrity  and  virtue.  He  called  on  the  world  to  point  out 
an  instance,  in  which  he  ever  had  deviated  from  the  line 
of  public  or  private  duty.  He  then  examined  the  pro- 
posed provisional  adoption.  He  proved,  that  the  Conven- 
tion had  no  power,  but  to  adopt  or  reject  absolutely,  ex- 
cept to  recommend,  which  was  the  natural  right  of  every 
freeman ;  but,  that  it  had  no  right  to  dictate  or  to  embar- 
rass the  Union,  by  any  restrictions  or  conditions.  That 
the  Convention  was  not  a  body  commissioned  to  tender 
stipulations,  or  form  a  contract,  but  to  dissent  from,  or 
agree  to,  a  plan  of  Government,  which  could  be  altered, 
either  in  its  form  or  powers,  only  by  an  authority  equal 
in  all  respects  to  that  which  gave  it  existence.  He 
then  declared,  that  the  future  Congress  would  not  have 
any  authority  to  receive  New  York  into  the  Union,  on 
such  terms — that  this  conditional  adoption  evidently  in- 
cluded a  disagreement  to,  and  rejection  of,  a  part  of  the 
Constitution.  That  Congress,  which  would  hold  all  the 
powers  it  possessed  under  the  Constitution,  as  a  simple 
plan,  must  consider  such  a  partial,  as  a  total,  rejection. 

"That   a   declaration  by  any  Legislature,  that   such 

*  From  a  journal  of  that  date. 


520  THE   REPUBLIC.  [1788. 

and  such  constitutional  powers,  should  not  be  exercised, 
was  nugatory ;  that  the  proposed  provisions,  making  no 
part  of  the  Constitution,  and,  when  accepted  by  Congress, 
having  even,  if  consistent  with  the  Constitution,  no  other 
than  a  legal  force,  would  be  subject  to  an  immediate  re- 
peal ;  that  it  was  indispensably  necessary  to  good  Gov- 
ernment ;  that  the  discretion  of  the  Legislature  should  be 
uncontrollable,  except  by  the  Constitution.  But,  that,  by 
the  proposed  measure,  the  discretion  of  Congress  would 
be  limited  and  controlled  by  a  provision,  not  only  foreign 
from,  but  totally  inconsistent  with  that  instrument — a 
provision  coming  from  one  part  of  the  Union,  without  the 
consent  of  the  other  parts — a  provision  most  preposter- 
ously calculated  to  give  law  to  all  the  sister  States." 

He  adduced  other  arguments  to  prove,  that  restraining 
the  exercise  of  a  power,  or  exercising  it  in  a  mode  different 
from  that  pointed  out  in  the  form  of  Government,  was 
utterly  unconstitutional,  especially,  when  the  restraint 
only  related  to  a  part  of  the  community. 

He  then  urged  many  forcible  reasons  to  prove,  that 
were  it  even  consistent  with  the  Constitution  to  receive 
the  State  on  these  terms,  it  was  utterly  improbable,  that 
the  other  States  would  submit  to  it.  Their  interests  and 
their  pride  would  be  opposed  to  it.  Their  pride,  because 
the  very  proposal  is  an  insult,  and  the  animosity  of  some 
States,  embittered,  as  it  was,  by  what  they  deemed  a  kind 
of  commercial  tyranny,  and  by  a  system  of  selfish,  par- 
tial politics,  would  receive  most  pungent  gratifications 
from  a  diminution  of  our  fortune  and  our  power.  Their 
interests  would  be  opposed,  because  the  misfortunes  of 
one  powerful  State  commonly  contribute  to  the  prosperi- 
ty of  its  neighbors. 

After  recapitulating  his  arguments,  in  a  concise  and 
cogent  manner,  he  entreated  the  Convention,  in  a  pathetic 


^T.  31.]  HAMILTON".  521 

strain,  to  make  a  solemn  pause,  and  to  weigh  well  their 
course,  before  they  decided  on  a  subject  so  infinitely  im- 
portant. The  more  to  satisfy  the  doubts  of  the  Conven- 
tion, he  took  an  enlarged  view  of  the  nature  of  the  Fede- 
ral Government.  * 

It  had  been  hoped,  that  the  concurrence  of  Virginia, 
following  that  of  New  Hampshire,  would  have  decided 
the  vote  of  New  York,  that  the  greetings,  processions  and 
celebrations  throughout  the  Continent,  pouring  in  a  tide 
of  triumph,  would  have  shaken  the  purposes  of  the  opposi- 
tion, but  this  hope  was  baffled.  Every  effort  to  conciliate 
had  been  rejected  ;  and,  led  on  by  a  resolute  and  inflexible 
chief,  the  opponents  of  the  Constitution,  after  repeated 
consultations,  resolved  to  reject  it. 

With  this  purpose,  on  the  fourteenth  of  July,  they 
called  for  the  final  question ;  but  the  call  was,  at  the  in- 
stance of  Hamilton,  postponed  until  the  following  day. — 
Another  day  was  asked,  and,  on  the  sixteenth,  despairing 
of  its  adoption.  Judge  Hobart  moved  an  adjournment  to 
the  second  of  September,  in  order,  that  the  delegates 
might  learn  the  sentiments  of  their  constituents  in  the 
new  aspect  of  the  question,  which  the  concurrence  of  so 
many  States  presented. 

This  motion  was  discussed  during  two  days,  when,  it  is 
stated  in  a  journal  of  the  opposition,  that  previous  to  tak- 
ing the  question,  Hamilton  "  made  another  display  of  those 
great  abilities  for  which  he  is  justly  distinguished.  He 
was  powerful  in  his  reasoning,  and  so  persuasively  elo- 
quent and  pathetic,  that  he  drew  tears  from  most  of  the 
audience. "  "  Hamilton,"  another  opponent  writes, "  stands 
armed  at  all  points,  and  brandishes  a  shaft  to  every  oppo- 
ser — powerful  to  repel  and  keen  to  wound." 

*  The  above  is  the  reported  sketch  of  this  speech.     Its  imperfect  character 
wall  be  seen  by  referring  to  Hamilton's  Works,  ii.  p.  463. 


522  THE   REPUBLIC.  [1Y88. 

The  motion  was  lost  by  a  majority  of  eighteen  votes. 
Smith's  conditional  ratification  was  then  presented,  for 
which  Hamilton  proposed  a  substitute,  which  has  interest 
as  showing  his  views  of  the  Constitution,  its  nature  and 
powers.  *  A  motion  to  consider  this  substitute,  was  lost 
by  the  votes  of  two-thirds  of  the  Convention. 

The  ratification  upon  conditions,  being  then  considered, 
Hamilton  again  addressed  the  House.  When  he  had  con- 
cluded. Smith  arose,  acknowledged,  that  the  arguments 
against  his  proposition  were  not  only  of  great  weight,  but 
were  such  as  had  induced  him  to  abandon  it ;  that,  he  de- 
sired to  withdraw  it,  in  order  to  present  a  substitute,  which, 
he  thought,  would  remove  the  objections  of  the  Federalists, 
while  it  would  afford  to  the  opposition,  all  that  security 
for  the  consideration  of  their  amendments,  they  wished,  f 
Lansing  declared,  that  if  it  should  be  withdrawn,  that  he 
would  again  move  it.  Smith's  substitute  contained  various 
important  amendments ;  proposed  a  ratification  of  the 
Constitution ;  but,  with  the  reservation  of  a  right  to  recede, 
unless  these  amendments  should,  within  a  defined  time, 
be  submitted  to  the  people,  and  requested  Congress  to  call 
a  second  Convention  for  that  purpose. 

On  the  ensuing  day,  the  House  met — silence  pervaded 
it,  and  it  adjourned.  "I  found  him"  (Hamilton)  "alone," 
it  is  related,  "  and  took  the  liberty  to  say  to  him,  that  they 
would  enquire  of  me  in  New  York,  what  was  the  prospect 
in  relation  to  the  adoption  of  the  Constitution  ;  and  asked 
him  what  I  should  say  to  them.  His  manner  immediately 
changed,  and  he  answered  ;  '  God  only  knows.     Several 

*  July  17— Hamilton's  Works,  ii.  p.  467. 

f  "  The  overpowering  eloquence  of  Colonel  Hamilton  was  exerted  to  its 
utmost  pitch,  and  shook  the  most  resolved  of  the  majority.  Even  the  mover 
of  the  proposition  was  convinced,  and  withdrew  his  opposition." — Kent's  Recol- 
lections. 


^T.  31.]  HAMILTON".  523 

votes  have  been  taken,  by  which  it  appears,  that  there  are 
two  to  one  against  us.'  Supposing  he  had  concluded  his 
answer,  I  was  about  to  retire,  when  he  added,  in  a  most 
emphatic  manner  :     *  Tell  them,  that  the  Convention 

SHALL  NEVER  RISE,  UNTIL  THE  CONSTITUTION  IS  ADOPTED.'  "  * 

The  contemplated  amendments  were  discussed  at  its 
next  meeting,  and  an  informal  Committee  was  appointed 
from  each  party  to  arrange  them.  Another  debate  fol- 
lowed their  report,  in  which  the  previously  proposed  re- 
striction upon  the  Militia  being  called  into  another  State, 
without  the  consent  of  the  Legislature,  was  much  discuss- 
ed. Hamilton  insisted,  that,  "  the  restriction  was  impolitic ; 
that  if  the  States  intended  to  guard  against  standing  armies, 
they  ought  to  yield  the  General  Government,  the  com- 
mand of  the  Militia,  in  the  most  unqualified  extent.  To 
apprehend  danger  from  it,  while  the  States  appointed  the 
officers,  was  a  novel  idea,  the  offspring  of  the  most  unen- 
lightened and  distempered  jealousy — that  the  experience 
of  the  late  war  had  demonstrated  the  great  utility  of  the 
Militia  on  special  occasions,  and  the  remissness  of  the  State 
Legislatures  in  sending  them  forward  to  the  aid  of  their 
neighbors,  until  the  war  had  approached  their  own  doors. 
The  direction  of  the  forces,  and  strength  of  the  community, 
ought  to  be  placed,  with  confidence  and  without  limitation, 
in  the  hands  of  that  body,  which  was  to  provide  for  the 
common  defence.  The  most  effectual  way  to  secure 
amendments,  is  by  recommending  such  only  as  are  valu- 
able, and  can  be  sustained,  after  sober  investigation." 
This  restriction,  nevertheless,  passed  by  the  entire  voice 
of  the  opposition.  The  amendment  prohibiting  excises 
and  direct  taxes,  without  a  previous  requisition,  was  also 
approved.  When  the  discussion  of  these  amendments 
terminated,   the  question  on  the    Constitution,  in   gross, 

*  Letter  of  Daniel  Chipman  to  the  Author. 


624  THE  REPUBLIC.  [1788. 

came  up.*  Smith  then  admitted  the  impracticability  of 
previous  amendments,  and  avowed  his  purpose  to  vote  for 
its  ratification.  He  depicted  the  situation  of  the  State,  if 
not  received  by  Congress — convulsions  in  its  Southern 
counties — faction  and  discord  in  the  rest — the  strength  of 
his  own  party,  who  were  sincerely  anxious  for  amend- 
ments, dissipated — their  Union  lost — and  themselves  dis- 
persed, like  sheep  on  a  mountain.  Others  of  the  opposi- 
tion concurred.  Clinton,  however,  declared,  that,  "  what- 
ever his  opinion  might  be,  he  stood  there  as  the  Represent- 
ative of  Ulster,  that  he  should  pursue  what  he  believed 
to  be  the  sense  of  his  Constituents,  and  vote  for  a  condi- 
tional adoption." 

The  vote  was  then  taken  on  an  amendment,  offered  by 
Jones,  to  substitute  for  the  words  "  upon  condition,"  "  in 
full  confidence  "  3ind  it  passed  by  a  majority  of  two  voices. 

The  next  day,  Lansing  moved  to  annex  to  this  ratifi- 
cation, a  reservation  of  the  right  to  withdraw.  Hamilton 
declared,  that  the  reservation  could  answer  no  good  purpose, 
that  it  would  awaken  the  pride  and  other  passions  of  the  sis- 
ter States,  was  inconsistent  with  the  Constitution,  and  would 
not  be  a  ratification.  Strong  evidence  of  the  apprehension 
he  yet  entertained  of  the  final  issue,  is  seen  in  a  letter  he 
about  this  time  wrote  to  Madison.f  "  Every  thing  pos- 
sible will  yet  be  attempted  to  bring  the  party  from  that 
stand  to  an  unconditional  ratification.  Let  me  know  your 
idea  upon  the  possibility  of  our  being  received  on  that 

*  In  a  cotemporary  Journal,  it  is  said — "  The  American  Cicero''  (Hamilton) 
"  then  arose,  the  force  of  whose  eloquence  and  reasoning  were  irresistible.  The 
objections  that  were  made  vanished  before  him.  He  remained  an  hour  and 
twenty  minutes  on  the  floor.  After  which,  Mr.  S.,  with  great  candor,  got 
up ;  and  after  some  explanations,  confessed,  that  Mr.  H.,  by  his  reasoning,  had 
removed  the  objections  he  had  made." 

f  Hamilton's  Works,  i.  464-5. 


JSt.  31.]  HAMILTON.  525 

plan.  You  will  understand,  that  the  only  qualification 
will  be  the  reservation  of  a  right  to  recede,  in  case  our 
amendments  have  not  been  decided  upon  in  one  of  the 
modes  pointed  out  by  the  Constitution,  within  a  certain 
number  of  years,  perhaps,  five  or  seven.  If  this  can,  in 
the  first  instance,  be  admitted  as  a  ratification,  I  do  not 
fear  any  further  consequences.  Congress  will,  I  presume, 
recommend  certain  amendments  to  render  the  structure 
of  the  Government  more  secure.  This  will  satisfy  the 
more  considerate  and  honest  opposers  of  the  Constitution  ; 
and,  with  the  aid  of  them,  will  break  up  the  party."  Madi- 
son was  of  the  opinion,  that,  "  a  reservation  of  a  right  to 
withdraw,  if  amendments  be  not  decided  on  under  the 
form  of  the  Constitution  within  a  certain  time,  is  a  condi- 
tional ratification ;  that  it  does  not  make  New  York  a 
member  of  the  new  Union,  and  consequently,  that  she 
could  not  be  received  on  that  plan.  .  .  .  The  Consti- 
tution requires  an  adoption  in  toto  and  forever." 

Smith  followed  Hamilton,  in  the  debate.  He  avowed, 
that  he  would  vote  against  such  reservation.  Hamilton 
then  closed  the  discussion.  He  gave  an  eloquent  exposi- 
tion of  the  situation  of  New  York,  if  out  of  the  Union — 
that  self-preservation  would  compel  the  General  Govern- 
ment to  reduce  the  State  to  unite.  He  indicated  the  evils 
to  result  from  discontented  minorities ;  the  inequahty  of 
a  contest  by  a  single  State  with  an  organized  government, 
when  the  ruling  parties  of  the  other  States  were  federal- 
commanding  the  confidence  of  the  Sea  Coast,  the  great 
source  of  wealth,  and  wielding  the  mass  of  property. 
Where  will  you  look  for  aid  ?  If  to  Great  Britain,  will 
she  aflford  it,  unless  with  views  of  conquest  ?  If  to  France, 
will  she  involve  herself  with  the  whole  Republic  ?  If  the 
contest  were  equal,  he  asked,  what  must  be  the  result  of 
two  great  parties  marshalled  against  each  other  ?     Who 


526  THE   EEPUBLIC.  [1788. 

would  be  the  Leader  ?  Whom  would  the  people  trust  1 
Why  should  all  these  evils  be  risked,  with  the  additional 
one  of  their  great  Sea  Port,  being  embraced  in  the  Union  ? 
What  had  been  the  past  history  of  the  country  ?  The 
rejection  of  the  impost  begat  the  Convention — the 
rejection  of  the  Constitution  may  beget  a  despotism.  In 
the  variety  of  opinions  which  exist  as  to  government,  the 
love  of  repose  would  unite  all.  Amid  the  various  opinions 
respecting  the  mode  of  ratifying  the  Constitution,  this 
peaceable  expedient  had  been  adopted.  What  responsi- 
bility will  be  incurred,  if  frustrated  by  us?  Until  the 
American  revolution.  Republican  government  had  been 
disgraced.  The  situation  of  this  country  presented  the 
most  favorable  theatre  for  a  successful  experiment.  The 
cause  of  Liberty  calls  upon  us  to  do  nothing  rashly." 

This  speech,  of  which  these  are  merely  the  heads, 
closed  with  an  elegant  peroration,  in  which,  in  glowing 
terms,  he  enumerated  the  most  distinguished  patriots  of  the 
nation,  as  watching  upon  the  issue  of  their  deliberations. 
He  called  to  their  minds  the  heroes  who  had  died  to  es- 
tablish American  liberty  ;  pointed  to  their  sister  States, 
as  appealing  to  their  common  dangers  and  common  inter- 
ests ;  declared,  that  the  prospects  of  "  mankind  "  were  in- 
volved in  the  result,  and  invoked  the  influence  of  Heaven 
"  upon  the  decision  of  that  day."  * 

*  Kent  relates :  "It  was  in  the  midst  of  that  gloomy  period,  and  just 
before  the  clouds  began  to  disperse,  and  serene  skies  to  appear  and  gladden 
the  moral  atmosphere  of  the  place,  that  Hamilton  made  one  of  his  most  pa- 
thetic and  impassioned  addresses.  He  urged  every  motive  and  consideration 
that  ought  to  sway  the  human  mind,  in  such  a  crisis.  He  touched,  with  ex- 
quisite skill,  every  chord  of  sympathy,  that  could  be  made  to  vibrate  in  the 
human  breast.  Our  country,  our  honor,  our  liberties,  our  firesides,  our  posterity 
were  placed  in  vivid  colors  before  us.  He  alluded  to  the  distresses  and  national 
degradation  which  dictated  the  call  for  a  General  Convention,  and  he  portray- 
ed, in  matchless  style,  the  characters  in  that  illustrious  assembly,  composed 


^T.  31.]  HAMILTON.  527 

The  final  question  was  then  taken,  and  by  a  majority 
of  three  votes,  the  Constitution  was  adopted  on  the 
twenty-fifth  of  July.  The  Convention  again  met  the 
next  day ;  and,  after  a  few  observations  by  Clinton,  to 
the  effect,  that,  until  another  Convention  was  called  to 
consider  the  amendments  which  had  been  recommended, 
the  probability  was,  that  the  people  who  were  opposed  to 
the  Constitution  would  not  be  satisfied  ;  but,  that  he  would 
endeavor,  as  far  as  was  in  his  power,  to  preserve  peace 
and  good  order.  The  Convention  then,  having  executed 
a  formal  ratification,  adjourned  indefinitely. 

During  the  last  days  of  its  session,  the  City  of  New 
York  exhibited  a  scene  of  the  most  intense  excite- 
ment. Congress  hardly  cared  to  deliberate.  The  citizens 
moved  to  and  fro,  awaiting  anxiously  a  result,  in  which 
they  felt  that  all  was  at  stake.  At  each  corner  of  the 
streets,  the  inquiry  was,  "  what  is  the  news  ? "  and,  along 
the  wharves,  dense  masses  were  collected,  waiting  the 
approach  of  every  sail.  As  though  all  their  hopes  were 
concentrated  in  him,  the  reply  was,  "  Hamilton  is  speak- 
ing yet."  "  Hamilton  is  speaking  yet."  Late  in  the 
evening  of  the  twenty-eighth  of  July,  the  happy  result 
was  announced.  The  bells  pealed  the  joyful  news.  The 
cannon  resounded  from  the  Forts ;  and  their  grateful  con- 
stituents, forming  a  procession  through  the  city,  fired  a 
salute  before  the  residence  of  each  delegate,  to  whose  ex- 
ertions they  were  so  much  indebted. 

The  following  day,  Hamilton  resumed  his  place  in 
Congress,  and  presented  the  ratification  of  the  Constitu- 
tion by  New  York.     His  fellow-citizens  resolved  to  cele- 

of  the  wisest  and  brightest  of  our  American  statesmen.  To  discriminate 
largely,  might  be  invidious ;  but  it  could  not  be  so,  he  said,  to  select  PVanklin, 
revered  by  the  wise  men  of  Europe,  and  Washington,  crowned  with  laurels  and 
refulgent  with  glory." 


528  THE    REPUBLIC.  [1788. 

brate  this  great  event,  which,  with  a  wise  augury,  they 
foresaw,  would  raise  their  corporation  of  thirty  thousand 
persons  to  become  the  great  city  of  the  Union — the  me- 
tropolis of  an  Empire — the  mart  of  the  Western  hemi- 
sphere. 

In  this  celebration,  all  interests  and  classes  united. 
The  merchants — the  traders — the  learned  professions — 
followed  by  a  great  concourse  of  artisans,  in  separate 
divisions,  singing  odes,  which  were  scattered,  as  they 
passed  along.  Among  the  emblems,  was  an  ensign  with 
a  flag  representing  the  head  of  "  Washington  ; "  on  the 
reverse,  that  of  "Hamilton."  The  printers  attended  a 
Press,  bearing  on  high,  a  banner  inscribed  with  the 
words,  "PuBLius"— "Liberty  of  the  Press"  — "The 
Epoch  of  Liberty  and  Justice,"  in  golden  letters.  The 
Chandlers  bore  a  flag  with  thirteen  stripes,  where,  again 
were  seen  united,  the  heads  of  "  Washington,"  and  of 
"  Hamilton."  The  sail-makers  had  a  stage,  with  the  em- 
blematic ship  "New  Constitution."  In  the  centre  of  a 
standard,  was  seen  the  figure  of  "Hamilton,"  with  the 
"  Constitution  "  in  his  right  hand,  arid  the  "  Confederation  " 
in  his  left — Fame,  with  her  trumpet  and  laurels,  to  crown 
him.  But  the  principal  object  in  the  pageant  was,  the 
Federal  ship, "  Hamilton,"  a  frigate,  fully  manned,  saluted 
and  saluting,  telling  forth  the  triumph  of  a  Nation.  A 
public  feast,  of  which  thousands  partook,  where,  amid 
huzzas  and  toasts,  re-echoed  the  name  of  "  Hamilton," 
closed  this  great  festive  day. 

"  That  bright  and  golden  age  of  the  Republic,"  ob- 
serves Chancellor  Kent,  a  spectator  of  this  interesting 
scene,  "may  now  be  numbered  with  the  years  beyond 
the  flood ;  and,  I  am  left,  almost  alone,  to  recall  and  enjoy 
the  enchanting  vision.  The  Convention  combined  the 
talents,  experience,  and  weight  of  character,  of  some  of 


^T.  31.]  HAMILTON.  529 

the  most  distinguished  men  in  the  State.  Most  of  them 
had  been  discipHned  in  the  discussions,  services,  and  perils 
of  the  Revolution.  There  was  no  difficulty  in  deciding 
at  once,  on  which  side  of  the  House,  the  superiority  in 
debate  existed  ;  yet,  in  the  ordinary  range  of  the  discus- 
sion, it  was  found,  that  the  dignity,  candor,  and  strength 
of  Jay ;  the  polished  address  and  elegant  erudition  of 
Chancellor  Livingston ;  the  sagacity  and  exhaustless  re- 
searches of  Hamilton,  were  met  with  equal  pretensions 
by  their  opponents — supported  by  the  simplicity  and  un- 
pretending good  sense  of  Clinton ;  the  sound  judgment 
of  Jones ;  the  plausible  deductions  of  Lansing,  and  the 
metaphysical  mind  and  embarrassing  subtleties  of  Smith. 
Hamilton  maintained  the  ascendency  on  every  question  ; 
and,  being  the  only  member  present,  who  had  signed  the 
Constitution,  he  felt  and  sustained,  most  intrepidly,  the 
weight  of  the  responsibility  which  belonged  to  him,  as 
the  leader  on  the  Federal  side  of  the  question. 

"  He  was,  indisputably,  pre-eminent ;  and  all  seemed, 
as  by  common  consent,  to  concede  to  him,  the  burden 
and  the  honor  of  the  debate.  Melancthon  Smith,  was, 
also,  the  most  prominent  and  the  most  responsible  speaker 
on  the  Anti-federal  side  of  the  Convention.  There  was 
no  person  to  be  compared  with  him  in  his  powers  of  acute 
and  logical  discussion.  He  was  Hamilton's  most  perse- 
vering and  formidable  antagonist,  but  he  was  worsted  in 
every  contest."  *  *  «  As,  Hamilton  had  been  a  lead- 
ing member  of  the  National  Convention,  and  a  leading 
writer  of  the  *  Federalist,'  his  mind  had  become  familiar 
with  the  principles  of  the  Federal  Government,  and  with 
every  topic  of  debate ;  and,  he  was  prompt,  ardent,  ener- 
getic, and  overflowing  with  an  exuberance  of  argument 
and  illustration. 

"  He  generally  spoke  with  great  earnestness  and  ener- 
VoL.  III.— 34 


530  THE  REPUBLIC.  [1788. 

gy,  and  with  considerable,  and  sometimes,  vehement  ges- 
ture. His  language  was  clear,  nervous,  and  classical. 
His  investigations  penetrated  to  the  foundation  and  reason 
of  every  doctrine  and  principle  which  he  examined ;  and 
he  brought  to  the  debate  a  mind  richly  adorned  with  all 
the  learning  and  precedents  requisite  for  the  occasion. 
He  never  omitted  to  meet,  examine,  and  discover  the 
strength  or  weakness,  the  truth  or  falsehood,  of  every 
proposition,  which  he  had  to  contend  with.  His  candor 
was  magnanimous,  and  rose  to  a  level  with  his  abilities. 
His  temper  was  spirited,  but  courteous,  amiable,  and  gen- 
erous ;  and  he  frequently  made  powerful  and  pathetic 
appeals  to  the  moral  sense  and  patriotism,  to  the  fears 
and  hopes  of  the  Assembly ;  and  painted,  vividly,  the  dif- 
ficulties and  dangers  of  the  crisis,  in  order  to  prepare 
their  minds  for  the  reception  of  the  Constitution. 

"  The  arguments  used  by  Colonel  Hamilton  in  the  de- 
bates in  the  Convention,  were  substantially  the  same 
which  he  had  before  employed  in  the  Federalist.  They 
could  not  well  have  been  any  other,  for  he  had  already 
urged,  in  support  of  the  Constitution,  all  the  leading  con- 
siderations which  led  to  the  plan  of  it,  and  which  guided 
the  skill  of  the  artists.  The  wisdom  of  the  Commentator 
was  now  repeated,  and  enforced  by  the  eloquence  of  the 
Orator. 

"  The  style  and  manner  of  Smith's  speeches  were  plain, 
dry,  and  syllogistic ;  and,  it  behooved  his  adversary  to 
understand  well  the  ground  on  which  he  stood,  and  the 
principles  he  advanced,  or  he  might  find  it  somewhat  em- 
barrassing to  extricate  himself  from  a  subtle  web  of  spe- 
cious reasoning,  unless,  indeed,  it  was  met  by  Hamilton's 
skill  and  strength,  which  nothing  could  resist." 


CHAPTER    LV. 

During  his  exertions  to  induce  the  concurrence  of  New 
York,  Hamilton's  attention  was  called,  by  a  letter  from  a 
gentleman  of  highly  distinguished  talents  and  character, 
to  a  subject,  in  various  points  of  view,  of  great  interest — 
the  relations  of  Vermont  to  the  new  Government.  In  his 
reply,  addressed  to  Nathaniel  Chipman,  afterwards  a  mem- 
ber of  the  Senate  of  the  United  States,  he  observed : 

"  Your  brother  delivered  me  your  favor,  which  I  re- 
ceived with  pleasure,  as  the  basis  of  a  correspondence 
that  may  be  productive  of  public  good. 

"The  accession  of  Vermont  to  the  Confederacy,  is, 
doubtless,  an  object  of  great  importance  to  the  whole ; 
and,  it  appears  to  me,  that  this  is  the  favorable  moment 
for  effecting  it  upon  the  best  terms  for  all  concerned. 
Besides  more  general  reasons,  there  are  circumstances  of 
the  moment  which  will  forward  a  proper  arrangement. 
One  of  the  first  subjects  of  deliberation  with  the  new 
Congress  will  be,  the  Independence  of  Kentucky,  for 
which  the  Southern  States  will  be  anxious.  The  North- 
ern, will  be  glad  to  send  a  counterpoise  in  Vermont. 
Then,  mutual  interests  and  inclinations  will  facilitate  a 
proper  result. 

"  I  see  nothing  that  can  stand  in  your  way,  but  the  in- 
terfering claims  under  the  grants  of  New  York.     As  to 


532  THE    REPUBLIC.  [1788. 

taxation,  the  natural  operation  of  the  new  system  will 
place  you  exactly  where  you  might  wish  to  be.  The 
public  debt,  as  far  as  it  can  prudently  be  provided  for, 
will  be,  by  the  Western  lands,  and  the  appropriation  of 
some  general  fund.  There  will  he  no  distribution  of  it  to 
particular  parts  of  the  community.  The  fund  will  be 
sought  for  in  indirect  taxation ;  as,  for  a  number  of 
years,  and,  except  in  time  of  war,  direct  taxes  would  be 
an  impolitic  measure.  Hence,  as  you  can  have  no  objec- 
tion to  your  proportion  of  contribution,  as  consumers, 
you  can  fear  nothing  from  the  article  of  taxation. 

"  I  readily  conceive,  that  it  will  be  scarcely  practica- 
ble to  you  to  come  into  the  Union,  unless  you  are  secured 
from  claims  under  New  York  grants.  Upon  the  whole, 
therefore,  I  think  it  will  be  expedient  for  you,  as  early  as 
possible,  to  ratify  the  Constitution,  upon  condition,  that 
Congress  shall  provide  for  the  extinguishment  of  all  ex- 
isting claims  to  land,  under  grants  of  the  State  of  New 
York,  which  may  interfere  with  claims  under  the  grants 
of  the  State  of  Vermont.  You  will  do  well  to  conform 
your  boundary  to  that  heretofore  marked  out  by  Con- 
gress ;  otherwise,  insuperable  difficulties  would  be  likely 
to  arise  with  this  State. 

"I  should  think  it  altogether  unadvisable  to  annex 
any  other  condition  to  your  ratification.  For  there  is 
scarcely  any  of  the  amendments  proposed,  that  will  not 
have  a  party  opposed  to  it ;  and,  there  are  several  that 
will  meet  with  a  very  strong  opposition ;  and  it  would, 
therefore,  be  highly  inexpedient  for  you  to  embarrass 
your  main  object  by  any  collateral  difficulties. 

"  As  I  write  in  Convention,  I  have  it  not  in  my  power 
to  enlarge.  You  will  perceive  my  general  ideas  on  the 
subject.     I  will  only  add,  that  it  will  be  wise  to  lay  as  lit- 


^T.  81.]  HAMILTON.  533 

tie  impediment  as  possible  in  the  way  of  your  reception 
into  the  Union." 

The  approaching  session  of  the  Legislature  of  that 
State,  in  October,  induced  a  second  letter  from  the  same 
source,  which  Hamilton  thus  answered : 

"  Your  favor  of  the  sixth  of  September  has  been  duly 
handed  to  me,  and  I  receive  great  pleasure  from  the  hopes 
you  appear  to  entertain  of  a  favorable  turn  of  affairs  in 
Vermont,  in  regard  to  the  new  Government.  It  is  cer- 
tainly an  object  of  mutual  importance  to  yourselves  and  to 
the  Union,  and  well  deserves  the  best  endeavors  of  every 
discerning  and  good  man. 

"  I  observe,  with  satisfaction,  your  opinion  that  Ver- 
mont will  not  make  a  point  of  introducing  amendments 
(I  mean  as  a  condition  of  her  accession).  That  ground 
would  be  the  most  hazardous  which  she  could  venture 
upon,  as  it  is  very  probable,  that  such  amendments  as 
might  be  popular  with  you,  would  be  deemed  inadmissi- 
ble by  the  friends  of  the  system,  who  will  doubtless  be 
the  most  influential  persons  in  the  national  councils ;  and, 
who  would  rather  submit  to  the  inconveniences  of  your 
being  out  of 'the  Union,  till  circumstances  should  alter, 
than  consent  to  any  thing  that  might  impair  the  energy  of 
the  Government.  The  article  of  taxation  is,  above  all, 
the  most  delicate  thing  to  meddle  with ;  for  as,  plenary 
power  in  that  respect  must  ever  be  considered  as  the  vi- 
tal principle  of  government ;  no  abridgment  or  constitu- 
tional suspension  of  that  power  can  ever,  upon  mature 
consideration,  be  countenanced  by  the  intelligent  friends 
of  an  effective  national  Government.  You  must,  as  I  re- 
marked in  my  former  letter,  rely  upon  the  natural  course 
of  things,  which,  I  am  satisfied,  will  exempt  you,  in  ordi- 
nary times,  from  direct  taxation,  on  account  of  the  diffi- 
culty of  exercising  it  in  so  extensive  a  country,  so  pecu- 


534  THE   KEPUBLIC.  [1788. 

liarly  situated,  with  advantage  to  the  revenue  or  satis- 
faction to  the  people.  Though,  this  difficulty  v^^ill  be 
gradually  diminished,  from  various  causes,  a  considerable 
time  must  first  elapse ;  and,  in  the  interim,  you  v^^ill  have 
nothing  to  apprehend  on  this  score.  As  far  as  indirect 
taxation  is  concerned,  it  will  be  impossible  to  exempt  you 
from  sharing  in  the  burthen,  nor  can  it  be  desired  by  your 
citizens.  I  repeat  these  ideas,  to  impress  you  the  more 
strongly  with  my  sense  of  the  danger  of  touching  this 
chord,  and  of  the  impolicy  of  perplexing  the  main  object 
with  any  such  collateral  experiments,  while  I  am  glad 
to  perceive  that  you  do  not  think  your  people  will  be 
tenacious  on  the  point. 

"  It  will  be  useless  for  you  to  have  any  view  in  your 
act  to  the  present  Congress.  They  can,  of  course,  do 
nothing  in  the  matter.  All  you  will  have  to  do,  will  be 
to  pass  an  act  of  accession  to  the  new  Constitution,  on 
the  conditions  upon  which  you  mean  to  rely.  It  will, 
then,  be  for  the  new  Government,  when  met,  to  declare 
whether  you  can  be  received  on  your  terms  or  not. 

"  I  am  sorry  to  find  that  the  affair  of  boundary  is  like- 
ly to  create  some  embarrassment.  Men's  minds  every- 
where, out  of  your  State,  are  made  up  upon,  and  recon- 
ciled to  that  which  has  been  delineated  by  Congress. 
Any  departure  from  it  must  beget  new  discussions,  in 
which  all  the  passions  will  have  their  usual  scope,  and 
may  occasion  greater  impediments  than  the  real  import- 
ance of  the  thing  would  justify.  If,  however,  the  further 
claim  you  state  cannot  be  gotten  over  with  you,  I  would 
still  wish  to  see  the  experiment  made,  though  with  this 
clog  ;  because  I  have  it  very  much  at  heart  that  you 
should  become  a  member  of  the  Confederacy.  It  is, 
however,  not  to  be  expected,  that  the  same  disposition 
will  actuate  everybody.     In  this  State,  the  pride  of  cer- 


iET.  81.]  HAMILTON.  535 

tain  individuals  has  too  long  triumphed  over  the  public 
interest ;  and,  in  several  of  the  Southern  States,  a  jealousy 
of  Northern  influence  will  prevent  any  great  zeal  for  in- 
creasing, in  the  national  councils,  the  number  of  Northern 
voters.  I  mention  these  circumstances  (though  I  dare 
say  they  will  have  occurred  to  you)  to  show  you  the  neces- 
sity of  moderation  and  caution  on  your  part,  and  the  error 
of  any  sanguine  calculation  upon  a  disposition  to  receive 
you,  at  any  rate.  A  supposition  of  this  nature  might  lead 
to  fatal  mistakes. 

"  In  the  event  of  an  extension  of  your  boundary  be- 
yond the  Congressional  line,  would  it  be  impracticable 
for  you  to  have  commissioners  appointed  to  adjust  any 
differences  which  might  arise  ?  I  presume,  the  principal 
object  with  you,  in  the  extension  of  your  boundary,  would 
be  to  cover  some  private  interests.  This  might  be  mat- 
ter of  negotiation. 

"  There  is  one  thing  which  I  think  it  proper  to  men- 
tion to  you,  about  which  I  have  some  doubt — that  is, 
whether  a  legislative  accession  would  be  deemed  valid. 
It  is  the  policy  of  the  system,  to  lay  its  foundations  in  the 
immediate  consent  of  the  people.  You  will  best  judge  how 
far  it  is  safe  or  practicable  to  have  recourse  to  a  Conven- 
tion. Whatever  you  do,  no  time  ought  to  be  lost.  The 
present  moment  is,  undoubtedly,  critically  favorable.  Let 
it  by  all  means  be  improved." 

Of  the  original  States,  two  had  not  yet  adopted  the 
Constitution — North  Carolina  and  Rhode  Island.  The 
causes  which  operated  against  the  Constitution  in  Vir- 
ginia, had  a  more  powerful  influence  in  North  Carolina. 

Its  seaboard,  broken  by  numerous  far  projecting 
capes,  and  indented  by  intervening  sounds,  afforded  little 
encouragement,  either  to  commercial  or  agricultural  en- 
terprise.    The  parts  capable  of  tillage  were  occupied  by 


536  THE    REPUBLIC.  [1788. 

planters,  with  their  numerous  slaves.  These  planters 
composed  the  most  informed  and  independent  portion  of 
the  inhabitants.  The  interior,  separated  by  vast  forests, 
and  intersected  by  numerous,  but  not  navigable  streams, 
and  extensive  swamps,  was  held  by  a  sparse,  various,  and 
dissimilar  population.  Of  this,  a  large  part  had  been 
driven,  by  the  sterile  soil,  to  the  lonely  labors  of  the 
woods  ;  where,  they  led  roaming,  independent,  and  irregu- 
lar lives — little  controlled  by  the  influences  of  society,  or 
of  education — cut  off"  from  the  ordinary  sources  of  in- 
formation— easily  prejudiced,  and  with  prejudices  hostile 
to  any  other  than  the  Laws  of  the  Forest.  Early,  as  this 
State  evinced  her  hostility  to  the  exactions  of  Great 
Britain,  this  was  far  from  being  a  universal  feeling.  In 
no  other  Colony,  was  the  division  of  political  sentiment 
greater — in  no  other  was  the  contest  so  close  and  obsti- 
nate— in  none,  did  it  assume  a  more  sanguinary  and  par- 
tisan character. 

Among  a  people  of  a  resolute  temper,  fertile  in  ex- 
pedients, inured  to  hardships,  regardless  of  danger,  every 
individual  was  at  times  in  arms,  every  village  in  its  turn 
was  the  victim  of  some  wild  foray,  every  fording  place 
was  connected  with  some  incident  of  horror,  every  stream 
had  been  stained  with  blood.  From  the  calamities  of 
this  intestine  war,  a  faithful  narrative  of  which  would  be 
one  continuous  tale  of  bold  adventure,  and  of  unmitigated 
suffering,  no  domestic  circle  escaped. — Even,  the  weaker 
sex,  were  here  compelled  to  see  their  relations  shot  at 
their  very  doors,  and  were  driven  out  to  traverse,  unpro- 
tected, wide  tracts  of  wilderness,  to  some  place  of  uncer- 
tain refuge.  "  A  country  on  the  verge  of  ruin,  a  corrupt, 
or  what  is  worse,  Idiot  Assembly — an  indolent  Execu- 
tive, Treasurers  without  money,  a  military  without  exer- 
tion— punctilio   superseding   duty,"  is    a  picture   of  her 


^T.  31.]  HAMILTON.  537 

situation,  in  seventeen  hundred  and  eighty-one,  drawn  by 
one  of  her  finest,  though  most  calumniated  patriots.*  Thus 
the  forms  of  Government  were  preserved,  without  its 
beneficial  influences.  The  community  was  silent,  every 
man  was  his  own  law,  and  his  own  avenger.  A  protracted 
warfare  of  such  a  character  left  too  deep  an  incision  in 
the  State  to  be  easily  healed. 

Poverty  also  had  brought  with  it,  its  usual  concom- 
itant— oppression.  Necessity  had  early  compelled  the  col- 
lection of  the  most  arbitrary  of  all  impositions — a  poll  tax, 
payable  in  commodities  ;  small  as  this  was,  it  was  the 
source  of  much  discontent. 

The  eflforts  to  relieve  the  people,  and  to  sustain  the 
war,  led  to  frequent  and  large  emissions  of  paper,  which, 
before  the  termination  of  the  contest,  became  of  little 
value.  This  debased  circulation,  much  of  which  was 
counterfeit,  remained  a  legal  tender  until  the  peace.  With 
these  general  causes,  others  concurred  of  a  powerful  in- 
fluence. This  Colony  was,  in  seventy-six,  largely  indebt- 
ed to  British  creditors.  These  remained  in  the  State, 
adhered  to  the  enemy,  and  headed  and  supported  the 
marauding  bands  of  Tories. 

Humanity  would  almost  hesitate  to  plead  for  the  au- 

*  William  Hooper,  whose  activity,  at  an  early  period  of  the  Revolution, 
under  circnmstances,  deeply  interesting  to  the  fame  of  North  Carolina,  was 
conspicuons,  has  been  stigmatized  by  Jefferson  as  an  Anti-Independent — an 
epithet,  also  applied  by  him,  to  Governors  Jay,  and  Johnson  of  Maryland, 
both  personal  and  political  friends  of  Washington. 

When  the  enemy  took  possession  of  Wilmington,  Hooper  was  absent.  His 
family  resided  there.  His  honse  was  sacked,  his  library  plundered,  and  all 
that  was  left,  were  a  few  articles  of  necessity  saved  by  his  wife.  This  lady 
was  compelled  to  embark  in  a  open  boat  with  her  daughter,  at  an  unhealthy 
season,  exposed  to  the  insults  of  those  turbulent  times,  with  no  other  protec- 
tion than  a  faithful  slave,  permission  being  refused  to  her  to  employ  an  es- 
cort.    Thus  vengeance  was  wreaked  on  the  family  of  this  traduced  patriot. 


538  THE   REPUBLIC.  [1788. 

thors  of  so  much  atrocity.  Weak  would  be  the  disposi- 
tion of  the  people  to  accept  a  Constitution,  for  which  these 
men  loudly  clamored,  and  which  appeared  before  them 
interposing,  what  they  deemed,  the  severe  demands  of  an 
inflexible  justice.  Their  aversion  to  it,  was  increased  by 
one  of  the  greatest  misfortunes  which  can  befall  any 
society — a  strong  and  too  well-founded  suspicion  of, 
and  disrespect  for  a  contentious  judiciary — a  repugnance 
which  was  augmented  by  the  circumstance,  that  the  most 
strenuous  advocates  of  the  Constitution  were  distinguished 
ministers  of  the  law,  Davie,  Johnson,  Iredell,  Spaight, 
Maclaine,  and  Hooper,  comprising  the  great  mass  of  the 
information  and  intelligence  of  the  State.  At  the  head 
of  the  opposition,  was  Willie  Jones,  conspicuous,  as  one  of 
the  Founders  of  the  State  Constitution,  active  in  its  coun- 
cils— possessing  a  most  extensive  influence  from  his 
knowledge  of  human  nature,  but  otherwise  of  limited  in- 
formation, and  confined  vision.  He  was  sustained  by 
Spencer,  Bloodworth  and  Macon. 

The  same  policy,  which  had  deferred  to  a  late  period, 
and  had  induced  a  simultaneous  convocation  of  the  States 
of  Virginia  and  New  York,  influenced  the  Legislature  of 
North  Carolina. 

The  opposition  called  a  Convention,  at  Hillsborough, 
on  the  twenty-first  July,  seventeen  hundred  and  eighty- 
eight.  As  soon  as  the  Convention  was  formed,  Jones, 
aware  of  the  strength  of  the  adverse  party,  moved,  that 
the  question  upon  the  Constitution  should  be  immediately 
taken.  This  motion  was  rejected,  and  a  wide  debate  fol- 
lowed. The  objections  raised  by  the  other  States  of  the 
South  were  here  warmly  urged,  and  ably  met.  In  this 
conflict.  Colonel  Davie,  the  most  distinguished  soldier  of 
his  State,  was  also  the  most  distinguished  advocate  of  the 
Constitution.     After  a  session  of  great  interest,  and  only 


^T.  31.]  HAMILTON.  539 

ten  days'  duration,  so  precipitate  was  the  discussion,  it  was 
resolved,  by  a  vote  of  one  hundred  and  eighty-four  out  of 
two  hundred  and  sixty-eight  members,  to  postpone  acting 
upon  the  Constitution,  until  certain  proposed  amendments 
had  been  laid  before  Congress,  and  submitted  to  a  second 
General  Convention.  Thus,  it  was  not  formally  ratified, 
nor  rejected.  It  will  be  remarked,  that  the  letter  of  Jef- 
ferson urging  its  rejection  by  four  States,  was  quoted,  and 
relied  upon  as  a  sanction  for  this  proceeding  by  one  of 
his  warmest  political  adherents. 

Hooper,  who  had  been  much  distinguished  in  the  pro- 
ceedings of  the  first  Congress,  was  defeated  in  the  elec- 
tion to  the  Convention.  It  is  to  be  regretted,  that  a  cor- 
respondence held  with  him,  arid  with  Governor  Johnson, 
by  Hamilton,  urging  the  measures  to  be  taken  to  induce 
the  co-operation  of  this  State,  has  not  been  obtained. 

The  result  in  North  Carolina,  was  not  unexpected,  and 
occurred  too  late  to  produce  any  influence  elsewhere. 
Of  the  numerous  opponents  of  the  new  system,  through- 
out the  United  States,  a  part  had  been  influenced  by 
honest  fears  of  the  extent  of  the  powers  conferred  upon 
it.  The  more  intelligent  had  abused  these  fears,  from 
various  motives,  among  which,  a  regard  to  their  own 
political  importance  had  much  weight.  The  Constitution 
being  adopted,  they  saw,  in  the  jealousy  of  power  they 
had  so  successfully  fomented,  a  source  of  popularity  of 
which  they  resolved  to  avail  themselves.  This  motive, 
and  an  observance  of  appearances,  alike  prompted  a  per- 
severing effort  to  induce  the  call  of  a  Second  General 
Convention.  A  circular  letter  from  the  Convention  of 
New  York,  was  thought  the  fit  mean  of  eflfecting  their 
object. 

Its  influence  on  Rhode  Island  was  felt.  To  induce  the 
concurrence  of  that  State,  Hamilton  wrote  to  Colonel 


540  THE   REPUBLIC.  [1788. 

Olney,  whose  reply  states,  that  the  proposition  to  appoint 
a  State  Convention  to  consider  the  Constitution,  was  lost 
by  a  vote  of  nearly  three  to  one,  and  by  a  similar  vote, 
the  call  of  a  Second  Federal  Convention  was  passed.* 
A  similar  circular  letter  was  also  laid  before  the  Assem- 
bly of  Pennsylvania.  A  previous  conference  of  a  hostile 
State  Legislature  at  Harrisburg,  at  which  Gallatin,  one 
of  the  most  active  opponents  of  the  Federal  policy,  was 
present,  had  induced  an  expectation  of  that  State  concur- 
ring in  this  measure.  But  the  proposition  was  rejected 
by  a  large  vote.  The  same  body  subsequently  refused 
to  refer  the  circular  letter  of  Virginia. 

This  important  State,  still  evinced  a  resolute  opposition. 
Resolutions  for  a  second  General  Convention  were  submit- 
ted to  its  House  of  Delegates ;  a  substitute  was  proposed, 
that  Congress  should  recommend  to  the  State  Legislatures 
to  ratify  a  Bill  of  Rights  and  several  amendments.  This 
substitute  was  rejected,  and  the  original  resolutions  prevail- 
ed by  a  large  majority — eighty-five  to  thirty-nine.  On  this 
occasion,  Patrick  Henry  was  conspicuous.  His  resolutions 
declared  an  apprehension  of  the  Constitution,  in  its  exist- 
ing form,  and  that  there  were  defects  in  it,  which  "  involv- 
ed all  the  great  and  inalienable  rights  of  freemen."  They 
were  followed  by  a  letter  to  Clinton,  and  a  circular  letter 
to  the  States,  announcing  their  intended  application  to 
Congress,  for  another  General  Convention. 

Edmund  Randolph  writes  to  Madison,  "  I  confess  to 
you,  without  reserve,  that  I  feel  great  distrust  of  some  of 
those,  who  will  certainly  be  influential  against  the  Gov- 
ernment, and  whom  I  suspect  to  be  capable  of  making  a 
wicked  use  of  its  defects.  Do  not  charge  me  with  undue 
suspicion,  but,  indeed,  the  management  in  some  stages  of 

*  Hamilton's  Works,  i.  484. 


^T.  31.]  HAMILTON.  541 

the  Convention,  created  a  disgustful  apprehension  of  the 
views  of  some  particular  characters.  I  reverence  Ham- 
ilton, because  he  was  honest  and  open  in  his  views."  * 

The  Legislature  of  New  York  assembled  in  December, 
when,  Lansing  being  chosen  Speaker  of  the  House,  Chn- 
ton  addressed  them.  He  referred  to  the  proceedings  of 
the  State  Convention,  and,  in  earnest  terms,  urged  a  re- 
vision of  the  Constitution.  His  recommendation  was 
sanctioned  by  both  branches  of  the  Legislature. 

The  same  question  was  presented  to  the  Legislature 
of  Massachusetts.  It  was  referred  to  a  committee,  re- 
ceived the  approbation  of  Hancock,  and  of  a  part  of  the 
Federalists. 

Alarmed  by  the  discussions  to  which  it  might  give  rise, 
Hamilton  wrote  to  Sedgwick  :  "  Your  last  letter  but  one, 
met  me  at  Albany  attending  court,  whence  I  am  just 
returned.  I  am  sorry  for  the  schism  you  hint  at  among 
the  Federahsts,  but  I  have  so  much  confidence  in  the  good 
management  of  the  fast  friends  of  the  Constitution,  that 
I  hope  no  ill  consequences  will  ensue  from  that  disagree- 
ment. It  will,  however,  be  worthy  of  great  care,  to  avoid 
suffering  a  difference  of  opinion  on  collateral  points,  to 
produce  any  serious  division  between  those  who  have 
hitherto  drawn  together  on  the  great  National  Question. 
Permit  me  to  add,  that  I  do  not  think  you  should  allow 
any  line  to  be  run  between  those  who  wish  to  trust  altera- 
tions to  future  experience,  and  those  who  are  desirous  of 
them  at  the  present  juncture.  The  rage  for  amendments 
is,  in  my  opinion,  rather  to  be  parried  by  address,  than 
encountered  with  open  force — and,  1  should,  therefore,  be 
loth  to  learn,  that  your  parties  have  been  arrayed  profess- 
edly upon  the  distinction  I  have  mentioned.  The  mode 
in  which   amendments   may  best  be  made,  and   twenty 

*  September  3d,  1788. 


542  THE  REPUBLIC.  [1783. 

other  matters  may  serve  as  pretexts  for  avoiding  the  evil 
and  securing  the  good." 

While  the  opponents  of  the  Constitution  were  direct- 
ing their  efforts  to  this  object,  its  friends  in  Congress  were 
engaged  on  two  questions  of  importance — the  prelimi- 
nary measures  to  put  the  Government  into  operation,  and 
the  designation  of  a  place  for  commencing  its  proceedings. 
As,  in  the  original  resolutions  submitted  to  Congress,  these 
questions  were  connected  with  each  other,  much  delay 
ensued. 

The  possession  of  the  Seat  of  Government  was  sup- 
posed to  promise  to  the  State  in  which  it  should  be  placed, 
exclusive  of  other,  great  political  benefits. 

In  consequence  of  the  mutiny  at  Philadelphia,  this 
subject  had  engaged  the  attention  of  Congress,  in  the  year 
seventeen  hundred  and  eighty-three.  Hamilton  thought 
the  discussion  premature,  and  brought  forward,  at  that 
time,  resolutions  postponing  offers  from  Kingston  on  the 
Hudson,  and  AnnapoHs  on  the  Chesapeake. 

This  question  was  resumed,  after  he  had  returned  from 
its  councils ;  and,  at  the  end  of  many  ballotings,  some  in 
favor  of  a  site  on  the  Potomac,  others  on  the  Delaware, 
an  ordinance  appointing  commissioners  to  select  a  seat  on 
the  banks  of  the  latter  river,  passed  by  the  vote  of  eight 
states,  Maryland,  Virginia  and  the  Carolinas  dissenting. 
The  dissatisfaction  this  ordinance  produced,  prompted  ef- 
forts of  conciliation,  and  at  last  a  resolution  was  adopted  for 
the  erection  of  public  buildings  near  Georgetown,  while,  to 
obviate  temporary  jealousies,  alternate  sessions  of  equal 
periods  of  not  more  than  one  year  were  ordered  to  be 
held,  at  Trenton  and  Annapolis. 

This  ordinance  was  not  acted  upon.  Intent  upon  es- 
tablishing the  Capital  within  her  own  borders,  the  Con- 


^T.  81.]  HAMILTON.  543 

vention  of  Pennsylvania,  after  adopting  the  Constitution, 
passed  a  resolution  to  cede  to  the  United  States  a  Federal 
district.  An  act  to  carry  the  Constitution  into  operation, 
was  reported  in  Congress,  as  early  as  July,  eighty-eight. 
It  was  discussed  during  that,  and  the  following  month. 
The  diversity  of  interests  induced  a  hope,  that  New  York 
would  be  selected  as  the  temporary  residence,  a  selection 
which  Hamilton,  not  only  supported,  because  it  would 
gratify  his  immediate  constituents,  but  swayed  by  a  higher 
consideration ;  the  probability,  that  the  residence  of 
Washington  at  that  city,  as  President  of  the  United  States, 
would  attract  the  popular  feeling  of  the  State  to  the  Na- 
tional Government,  and  thus  aid  his  efforts  to  diminish  the 
influence  of  the  party,  with  which  he  had  thus  far  success- 
fully contended. 

Other  considerations  would  prompt  him  to  urge  a  tem- 
porary *  residence,  at  New  York.  "  Its  exposed  and  ec- 
centric position,"  he  wrote,  "  will  necessitate  the  early 
establishment  of  a  permanent  seat ;  and  in  passing  South," 
he  thought,  "it  highly  probable,  the  Government  would 
light  upon  the  Delaware,  in  New  Jersey.  The  Northern 
States  do  not  wish  to  increase  Pennsylvania,  by  an  acces- 
sion of  all  the  wealth  and  population  of  the  Federal  city." 

The  discussions  in  Congress  had  disclosed  the  rival 
views  of  Virginia  and  Pennsylvania.  The  Potomac  was 
too  remote  for  the  present  population  of  the  country,  and 
the  Northern  States  were  jealous  of  Pennsylvania.  He 
was  unwilling  to  increase  the  power  of  either  of  the  large 
States  by  superadding  such  an  advantage  ;  and,  depreca- 
ting the  ascendency  of  State  influences  over  the  National 
Councils,  he  preferred  its  being  established  in  a  small 
State. 

Delaware  was  more  vulnerable.     New  Jersey  was 

*  Hamilton's  Works,  i.  471. 


544:  THE   REPUBLIC.  ^    [1788. 

central,  possessed  few  slaves,  and  was  surrounded  by  a 
hardy  population  to  protect  the  Capital  of  the  RepubHc 
from  the  inroads  of  an  enemy.  These  were  weighty  con- 
siderations, but  they  were  resisted  with  much  pertinacity. 
Madison  wrote  to  Washington,  "  I  own,  I  am  much  in- 
fluenced by  a  view  to  the  final  residence,  which  I  conceive, 
more  likely  to  be  properly  chosen  in  Philadelphia  than  in 
New  York.  Judging  from  my  own  experience  on  this 
subject,  I  conclude  that  from  motives  of  one  sort  or  an- 
other, ten  States,  at  least,  will  at  any  proper  time  be  ready 
to  remove  from  Philadelphia.  The  only  difficulty,  that 
can  arise,  will  be  that  of  agreeing  on  the  place  to  be 
finally  removed  to ;  and  it  is  from  that  difficulty  alone,  and 
the  delay  incident  to  it,  that  I  derive  my  hope  in  favor 
of  the  banks  of  the  Potomac." 

"I  am  clearly  in  sentiment  with  you,"  Washington 
replied,  "that  the  longer  the  question  respecting  the 
permanent  seat  of  Congress  remains  unagitated,  the  greater 
certainty  there  will  be  of  its  fixture  in  a  central  spot. 
But,  not  having  the  same  means  of  information  and  judg- 
ing that  you  have ;  it  would  have  been  a  point  with  me, 
whether  a  temporary  residence  of  that  body  at  New  York, 
would  not  have  been  a  less  likely  mean  of  keeping  it  ulti- 
mately from  the  centre  (being  further  removed  from  it) 
than  if  it  was  to  be  at  Philadelphia,  because,  in  propor- 
tion as  you  draw  it  to  the  centre,  you  lessen  the  incon- 
venience, and  of  course  the  solicitude  of  the  Southern  and 
Western  extremities ;  and  when,  to  these  are  superadded 
the  acquaintances  and  connections  which  naturally  will 
be  formed — the  expenses  which  more  than  probably  will 
be  incurred  for  the  accommodation  of  the  public  officers 
— with  a  long  train  of  et  ceteras,  it  might  be  found  an 
arduous  task  to  approach  nearer  the  axis  thereafter. 
These,   however,    are   first   thoughts,   and   may   not   go 


^T.  81.]  HAMILTON.  545 

to  the  true  principles  of  policy,  which  governs  in  this 
case." 

Doubts  arising,  whether  the  delegates  from  North 
Carolina  and  Rhode  Island,  those  States  not  having  rati- 
fied the  Constitution,  could  vote  upon  this  subject  without 
being  committed,  Hamilton,  on  the  seventh  of  August,  pro- 
posed a  declaratory  resolution,  excluding  such  construc- 
tive effect.  But  those  delegates  finally  declining  to  vote, 
this  motion  he  withdrew,  and  on  the  thirteenth  of  Sep- 
tember he  attained  his  object.  An  ordinance  was  then 
passed,  but,  with  two  dissenting  voices,  designating  the 
first  Wednesday  of  January  following,  for  the  appointment 
of  Presidential  electors  ;  the  first  Wednesday  of  February, 
as  the  day,  on  which,  they  were  to  give  their  votes  ;  and 
the  first  Wednesday  of  March,  as  that,  on  which,  the  Con- 
stitution was  to  go  into  effect,  and  New  York,  as  the  Seat 
of  Government. 

So  great  were  the  apprehensions,  lest  this  selection 
would  disappoint  the  ambition  of  Virginia,  that  her  oppo- 
nents became  the  objects  of  the  most  groundless  imputa- 
tions. The  concurrence  of  the  Federalists  of  New  York 
in  the  circular  address  of  Clinton  was  pronounced  a 
determination  to  purchase  an  immediate  ratification  in 
any  form,  and  at  any  price,  rather  than  disappoint  its  city 
of  a  chance  for  the  new  Congress.  The  choice  was  de- 
clared to  be  "  the  result  of  the  dilemma  of  yielding  to  its 
advocates,  or  strangling  the  Government  in  its  birth."  "  I 
begin,"  Madison  writes,  "  now,  to  accede  to  the  opinion, 
which  has  been  avowed  for  some  time  by  many,  that  the 
circumstances  involved  in  the  ratification  of  New  York 
will  prove  more  injurious  than  a  rejection  would  have 
doner  /* 

*  Madison  to  Washington,  24th  August,  1788.— General  Harry  Lee  took 
a  cahner  view— September  13th,  1787.     "  The  Southern  gentlemen,"  he  ob- 

VoL.  III.— 35 


54:6  THE   REPUBLIC.  [1788. 

Washington  did  more  justice  to  the  Federalists  of 
New  York.  "Although,"  he  writes,  "I  could  scarcely 
conceive  it  possible  after  ten  States  had  adopted  the  Con- 
stitution, that,  New  York,  separated  as  it  is,  from*  the  other 
three,  and  peculiarly  divided  in  sentiments  as  it  is,  would 
withdraw  from  the  Union;  yet,  considering  the  great 
majority,  which  appeared  to  cling  together,  in  the  Con- 
vention, and  the  decided  temper  of  the  leaders,  I  did  not, 
I  confess,  see  the  means  by  which  it  was  to  be  avoided. 
The  exertion  of  those,  who  were  able  to  effect  this  great 
work,  must  have  been  equally  arduous,  and  meritorious." 

Although,  the  Act  to  organize  the  new  Government, 
passed  Congress,  on  the  thirteenth  of  September,  a  month 
elapsed  before  a  proclamation  was  issued  by  Clinton,  con- 
vening the  Legislature  of  New  York ;  and  the  time  ap- 
pointed for  their  meeting  was  less  than  a  month  from  the 
period  within  which  the  Electors  of  President  were  to  be 
chosen. 

The  Senate  was  now  under  the  influence  of  Schuyler ; 
the  Assembly  largely  Democratic. 

A  bill  to  put  the  Constitution  into  operation  was 
brought  forward,  in  the  latter  body.  It  proposed  to 
choose  the  Electors  of  President  by  joint  ballot  of  both 
Houses.  This  proposition,  though  jealously  opposed,  pre- 
vailed in  the  Assembly.  It  was  rejected  in  the  Senate, 
who  insisted,  that  each  House  was  entitled  to  a  negative 
upon  the  other.  Various  conferences  were  had,  and 
compromises  suggested.    After   frequent   debate,  it  was 

served,  "  did  not  accord  in  the  place  of  temporary  residence,  from  a  discord- 
ance in  sentiment  of  its  effect,  on  the  establishment  of  the  permanent  Seat  of 
Government.  Some  considered  this  city,  others  a  more  Southern  position,  as 
the  most  favorable  theatre  to  negotiate  the  determination  of  the  ten  miles 
square — ^many  plausible,  and  some  cogent  reasons  are  adducible  in  support 
of  either  opinion,  and  time  only  can  show  which  is  founded  in  propriety." 


iET.  31.]  HAMILTON.  547 

ascertHned,  that  neither  party  would  recede.  New  York 
was,  by  this  dissension,  deprived  of  a  voice  in  the  election 
of  the  President — deprived  of  the  exercise  of  a  right 
vested  in  her  people  by  the  Constitution ;  the  choice  of 
electors  by  their  own  free  suffrages — a  course,  which 
Schuyler  stated  in  the  Senate,  he  would  have  preferred  ; 
and  which  Hamilton  declared,  was  a  privilege  which  it 
was  of  the  greatest  importance,  should  be  "in  the  hands 
of  the  people."  But,  had  the  election  been  by  them,  it 
was  known  to  the  Democratic  party,  that  the  suffrages  of 
New  York  would  have  been  given  to  Washington.  As 
a  consequence  of  the  same  discord,  she  was  not  repre- 
sented in  the  first  session  of  the  Senate.*  Thus  early  was 
manifested  the  defective  organization  of  the  General  Gov- 
ernment ;  rendering  the  existence  of  one  of  its  great  de- 
partments dependent  on  the  action  of  bodies,  over  which 
it  had  no  control — of  State  Legislatures,  antagonistic  by 
their  position — easily  excited  to  hostility,  often  not  ap- 
peased without  a  sacrifice  of  essential  rights  of  the  nation. 
These  consequences  Hamilton  foresaw,  and  would  have 
averted,  by  his  plan  of  a  Constitution ;  in  which,  reposing 
solely  on  the  only  legitimate  source  of  power — the  peo- 
ple— he  confided  the  choice  of  Senators  to  electors  chosen 
by  them,  for  that  express  purpose. 

An  effort  was  made  to  provide  by  law,  that  the  Rep- 
resentatives in  Congress  should  be  elected  by  general 
ticket,  and  not  by  districts.     This  was  defeated.f 

While  these  subjects  were  under  discussion,  the  elec- 
tion of  Delegates  for  the  unexpired  term  of  the  Congress 

*  Knox  wrote  Washington,—"  The  Federal  Senate  of  New  York  exhibited 
an  honorable  firmness — hazarding  the  removal  from  New  York  rather  than 
saddle  the  Government  with  two  Anti-federal  Senators." 

t  Massachusetts,  New  Hampshire,  and  South  Carolina,  also  elected  theii 
memhers  of  Congress  in  single  Congressional  districts. 


54:8  THE  REPUBLIC.  [1788. 

of  the  Confederation  took  place.  The  friends  of  tfie  Con- 
stitution supported  Hamilton ;  but,  in  joint  ballot,  the 
ticket,  of  which  he  was  the  head,  was  defeated.  Thus, 
his  first  and  only  defeat  was  the  punishment  for  his  advo- 
cacy of  the  Constitution.  In  Virginia,  the  same  violence 
which  had  been  shown  as  to  the  call  of  a  second  Conven- 
tion, was  manifested  in  relation  to  the  measures  necessary 
for  organizing  the  General  Government.  Although,  her 
Legislature  passed  a  law  to  regulate  the  election  of  Rep- 
resentatives— dividing  the  State  into  districts,  it  also  en- 
acted, that  it  was  incompatible  for  any  officer  of  the 
State  to  perform  official  functions  under  the  authority  of 
the  United  States — an  act,  which,  had  it  been  enforced, 
would  have  compelled  the  National  Government  to  em- 
ploy Ministerial  and  Judicial  officers  within  each  State, 
for  every  branch  of  the  National  affairs,  and  would  thus 
have  rendered  the  Constitution  extremely  odious. 

Early  in  the  session  of  this  Legislature,  Madison, 
being  proposed  to  be  continued  in  Congress  until  the  new 
Government  commenced,  was  rejected  by  a  large  vote. 
He  was  subsequently  nominated,  as  a  Senator  of  the 
United  States.  When  the  vote  was  about  to  be  taken, 
Patrick  Henry  made  a  pointed  attack  upon  him,  founded 
upon  his  efforts  in  support  of  the  Constitution  :  Lee  and 
Grayson  were  chosen  Senators. 

Defeated  as  a  Senator,  Madison  resolved  to  present 
himself  as  a  candidate  for  a  seat  in  the  House  of  Repre- 
sentatives. Monroe  was  his  competitor.  To  allay  the 
opposition,  Madison  found  it  necessary  to  address  an  ex- 
planatory letter  to  the  district  which  he  sought  to  repre- 
sent. In  this  address,  while  he  avowed  his  attachment 
to  the  Constitution,  he  acknowledged  the  fitness  of 
amendments,  and  pledged  himself  to  promote  them  in 
the  constitutional  mode.     "  I  have,"  he  wrote  to  Wash- 


^T.  81.]  HAMILTON.  549 

ington,  "pursued  my  pretensions  much  farther  than 
I  had  premeditated,  having  not  only  made  use  of  epis- 
tolary means,  but  actually  visited  two  counties."  He 
was  elected  by  a  close  vote.  Thus  early  and  pointed 
was  the  admonition  of  Virginia — that  to  her  prejudices, 
he  must  sacrifice  either  his  principles,  or  his  ambition. 

It  has  been  seen,  that  New  York  had,  at  the  express 
instance  of  Clinton,  recommended  a  Second  General 
Convention.  The  determination  to  pursue  this  measure, 
after  Pennsylvania  and  Massachusetts  had  both  rejected 
the  proposal,  was  regarded  by  the  friends  of  the  Consti- 
tution as  evidence  of  an  inflexible  hostility  to  it,  which 
must  be  resisted  by  every  effort. 

Connected  with  the  other  proceedings  of  the  Legisla- 
ture, it  was  the  signal  in  New  York,  for  a  zealous  opposi- 
tion to  the  re-election  of  Clinton,  the  term  of  whose  office 
was  about  to  expire. 

Chief  Justice  Morris  was  induced  to  relinquish  his 
pretensions,  and,  at  a  public  meeting  in  the  City  of  New 
York,  Robert  Yates  was  nominated  as  a  candidate  for 
the  office  of  Governor.  The  motives  for  this  nomination 
were  set  forth  in  an  address  from  the  pen  of  Hamilton.* 
"  The  People  of  this  State,"  he  said,  "  are  the  Sovereigns 
of  it ;"  and,  they  are  called  upon  to  exercise  this  high  act 
of  sovereignty,  so,  "  that  the  Chief  Magistrate  of  the 
State  should  be  free  from  all  temptation,  wantonly  to  per- 
plex or  embarrass  the  National  Government, — whether 
that  temptation  should  arise  from  a  preference  of  partial 
confederacies  ;  from  a  spirit  of  competition  with  the  Na- 
tional Rulers  for  personal  pre-eminence  ;  from  an  impa- 
tience of  the  restraints  of  National  authority ;  from  the 
fear  of  a  diminution  of  power  and  emoluments  ;  from  re- 

*  Hamilton's  Works,  ii.  474. 


550  THE    REPUBLIC.  [1788. 

sentment  or  mortification,  proceeding  from  disappoint- 
ment, or  any  other  cause." 

The  importance  of  assuaging  the  controversies  which 
had  long  divided  the  State  was  inculcated.  It  was  urged 
that  all  should  join  in  supporting  the  Constitution,  and  all 
unite  in  a  reconsideration  of  the  parts  which  had  been 
objected  to,  so  as  to  provide,  if  requisite,  "  such  additional 
securities  to  the  liberties  of  the  people,  as  shall  be  compat- 
ible with  the  salutary  and  necessary  energy  of  an  efficient 
National  Government."  To  effect  these  objects,  he  said, 
it  was  essential,  "  that  the  Chief  Magistrate  should  be  a 
man  of  moderation,  sincerely  disposed  to  heal,  not  to  wi- 
den existing  divisions — to  promote  conciliation,  not  dis- 
sension— to  allay,  not  to  excite  the  fermentations  of  party 
spirit,  and  to  restore  that  cordial  good  will  and  mutual 
confidence  which  ought  to  exist  among  a  people  bound  to 
each  other  by  all  the  ties  which  connect  members  of  the 
same  society. 

Notwithstanding  the  weight  of  his  official  influence, 
his  long  possession  of  office,  and  the  distrust  which  ex- 
isted as  to  the  National  Government,  Chnton  succeeded 
by  a  very  small  majority.* 

To  produce  this  change  in  the  popular  sentiment, 
Hamilton  not  only  travelled  through  part  of  the  State, 
but  was  the  author  of  a  series  of  essays,  embracing  a 
searching  examination  of  the  Governor's  pohtical  life.f 

By  great  exertions,  of  the  six  Representatives  in  Con- 
gress allotted  to  New  York,  the  Federahsts  elected  four. 
To  attain  this  result,  Hamilton  published  another  address. 
While  these  efforts  were  made  by  him  to  give  to  the 
Government,  in  its  outset,  a  vigorous  support,  a  question 

*  Of  12,353  votes — Ms  majority  was  429. 
f  Letters  of  H.  G.,  Hamilton's  Works,  vi.  600. 


^T.  31.]  HAMILTON.  551 

of  great  moment  occupied  his  mind — who  would  be  the 
President  ? 

It  has  been  seen,  he  had  anticipated  that  Washington 
would  command  the  suffrages  of  a  vast  majority  of  the 
Nation.  This  was  obvious.  It  was  a  selection  upon 
which  Hamilton  felt  much  would  depend,  though  he  did  not 
conceal  from  his  confidential  friends  his  regret,  that  a 
precedent  would  thus  be  given  for  the  preference  of  a 
soldier,  as  the  First  Magistrate  of  the  Republic. 

But  his  solicitude  was  whether  Washington  would  ac- 
cept this  high  station.  Judging  from  the  motives  which 
have  governed  the  great  majority  of  eminent  men,  few 
can  believe,  that,  any  individual,  enjoying  so  fully  the  con- 
fidence of  his  countrymen,  could  have  entertained  any 
sincere  hesitation  upon  this  question,  or  could  doubt  that 
so  commanding  a  position  would  have  been  the  object  of 
his  most  ardent  desires.  But  they  form  an  imperfect 
judgment  of  his  character  and  situation. 

The  success  of  the  experiment  of  a  Government  so 
new  and  complicated,  would,  to  a  person  of  less  experi- 
ence, be  extremely  doubtful.  To  one  who  had  felt,  as  he 
had,  the  evils  of  a  Federal  system,  it  would  seem  scarcely 
to  have  left  room  for  hope.  "  If  I  should  conceive  my- 
self," he  said,  "  in  a  manner  constrained  to  accept,  I  cah 
Heaven  to  witness,  that  this  very  act  would  be  the  great- 
est sacrifice  of  my  personal  feelings  and  wishes,  that  ever 
I  have  been  called  upon  to  make.  It  would  be  to  forego  re- 
pose and  domestic  enjoyment,  for  trouble,  perhaps,  for  pub- 
lic obloquy  ;  for,  I  should  consider  myself  as  entering  upon 
an  unexplored  field,  enveloped  on  every  side  with  clouds 
and  darkness." 

No  man  better  knew  the  character  of  the  late  Com- 
mander-in-chief— no  man  measured  him  more  accurately 


552  THE  REPUBLIC.  [1788. 

— no  man  did  more  justice  to  his  "  eminent  and  excellent 
qualities,"  and  none  was  more  deeply  impressed  with  the 
sincerity  of  his  scruples,  than  Hamilton. 

Unwilling  as  he  was,  to  obtrude  himself  upon  his  at- 
tention, he  felt,  that  these  scruples  must  be  overcome,  and, 
soon  after  New  York  had  ratified  the  Constitution,  he 
wrote  to  him  :  * 

"  Captain  Cochran,  of  the  British  Navy,  has  requested 
my  aid  in  recovering  a  family  watch,  worn  by  his  brother, 
who  fell  at  Yorktown.  In  compliance  with  his  request, 
T  have  written  the  letter  herewith,  which  I  take  the  lib- 
erty to  convey  through  you,  in  hope,  that  if  you  see  no 
impropriety  in  it,  you  would  add  your  influence  to  the 
endeavor  to  gratify  Captain  Cochran.  It  is  one  of  those 
things  in  which  the  affections  are  apt  to  be  interested  be- 
yond the  value  of  the  object,  and  in  which  one  naturally 
has  an  inclination  to  oblige."  Having  mentioned  the 
transmission  of  a  copy  of  the  "  Federalist,"  he  added — "  I 
take  it  for  granted,  sir,  you  have  concluded  to  comply 
with  what  will,  no  doubt,  be  the  general  call  of  your 
country  in  relation  to  the  new  Government.  You  will 
permit  me  to  say,  that  it  is  indispensable  you  should  lend 
yourself  to  its  first  operations.  It  is  to  little  purpose  to 
have  introduced  a  system,  if  the  weightiest  influence  is 
not  given  to  its  firm  establishment  in  the  outset." 

Adverting  to  the  "  Federahst,"  Washington  remarked 
in  his  reply,  "  When  the  transient  circumstances  and  fu- 
gitive performances  which  attended  this  crisis  shall  have 
disappeared,  that  work  will  merit  the  notice  of  posterity, 
because  in  it  are  candidly  discussed  the  principles  of 
Freedom,  and  the  topics  of  Government,  which  will  al- 
ways be  interesting  to  mankind,  so  long  as  they  shall  be 
connected  in  civil  society."     He   added,  "The  circular 

*  Au^st  13th,  1788. 


^T.  81.]  HAMILTON.  653 

letter  from  your  Convention,  I  presume,  was  the  equiva- 
lent by  which  you  obtained  an  acquiescence  in  the  pro- 
posed Constitution.  Notwithstanding  I  am  not  very  well 
satisfied  with  the  tendency  of  it,  yet  the  Federal  affairs 
have  proceeded,  with  few  exceptions,  in  so  good  a  train, 
that  I  hope  the  political  machine  may  be  put  in  motion 
without  much  effort  or  hazard  of  miscarrying.  On  the 
delicate  subject  with  which  you  conclude  your  letter,  J 
can  say  nothing,  because  the  event  alluded  to  may  never 
happen,  and  because,  in  case  it  should  occur,  it  would  be 
a  point  of  prudence  to  defer  forming  one's  ultimate  and 
irrevocable  decision,  so  long  as  new  data  might  be  afford- 
ed for  one  to  act  with  the  greater  wisdom  and  propriety. 
I  would  not  wish  to  conceal  my  prevailing  sentiment  from 
you.  For  you  know  me  well  enough,  my  good  sir,  to  be 
persuaded  that  I  am  not  guilty  of  affectation,  when  I  tell 
you,  it  is  my  great  and  sole  desire  to  live  and  die  in  peace 
and  retirement  on  my  own  farm.  Were  it  even  indispen- 
sable, a  different  line  of  conduct  should  be  adopted,  while 
you  and  some  others,  who  are  acquainted  with  my  heart, 
would  acquit^  the  world  and  posterity  might  probably 
accuse  me  of  inconsistency  and  ambition.  Still,  I  hope,  I 
shall  always  possess  firmness  and  virtue  enough  to  main- 
tain (what  I  consider  the  most  enviable  of  all  titles)  the 
character  of  an  honest  man,  as  well  as  prove  (what  I  de- 
sire to  be  considered  in  reality),  that  I  am  with  great  sin- 
cerity and  esteem,  dear  sir,  your  friend." 

The  following  reply  was  given — Hamilton  to  Wash- 
ington : 

"  Dear  Sir  : — Your  Excellency's  friendly  and  oblig- 
ing letter,  of  the  twenty-eighth  ult.,  came  safely  to  hand. 

"  I  should  be  deeply  pained,  my  dear  sir,  if  your  scru- 
ples in  regard  to  a  certain  station  should  be  matured  into 
a  resolution  to  decline  it ;  though  I  am  neither  surprised 


554  THE    EEPUBLIC.  [1788. 

at  their  existence,  nor  can  I  but  agree  in  opinion  that  the 
caution  you  observe,  in  deferring  an  ultimate  determina- 
tion, is  prudent.  I  have,  however,  reflected  maturely  on 
the  subject,  and  have  come  to  a  conclusion,  (in  which  I 
feel  no  hesitation,)  that  every  public  and  personal  consid- 
eration will  demand  from  you  an  acquiescence  in  what 
will  certainly  be  the  unanimous  wish  of  your  country. 
The  absolute  retreat  w^hich  you  meditated  at  the  close  of 
the  late  war  was  natural  and  proper.  Had  the  Govern- 
ment produced  by  the  Revolution,  gone  on  in  a  tolerable 
train,  it  would  have  been  most  advisable  to  have  persisted 
in  that  retreat.  But  I  am  clearly  of  opinion,  that  the  cri- 
sis which  brought  you  again  into  pubhc  view,  left  you  no 
alternative,  but  to  comply  ;  and  I  am  equally  clear  in  the 
opinion,  that  you  are,  by  that  act,  pledged  to  take  a  part 
in  the  execution  of  the  Government.  I  am  not  less  con- 
vinced, that  the  impression  of  this  necessity  of  your  fill- 
ing the  station  in  question,  is  so  universal,  that  you  run  no 
risk  of  any  uncandid  imputation,  by  submitting  to  it. 
But,  even  if  this  were  not  the  case,  a  regard  to  your 
own  reputation,  as  well  as  to  the  public  good,  calls  upon 
you,  in  the  strongest  manner,  to  run  that  risk. 

"  It  cannot  be  considered  as  a  compliment  to  say,  that 
on  your  acceptance  of  the  office  of  President,  the  success 
of  the  new  Government,  in  its  commencement,  may  ma- 
terially depend.  Your  agency  and  influence  will  be  not 
less  important  in  preserving  it  from  the  future  attacks  of 
its  enemies,  than  they  have  been  in  recommending  it,  in 
the  first  instance,  to  the  adoption  of  the  people.  Inde- 
pendent of  all  considerations  drawn  from  this  source,  the 
point  of  light  in  which  you  stand  at  home  and  abroad, 
will  make  an  infinite  difference  in  the  respectability 
with  which  the  Government  will  begin  its  operations,  in 
the  alternative  of  your  being,  or  not  being,  at  the  head 


^T.  31.]  HAMILTON.  555 

of  it.  I  forbear  to  urge  considerations,  which  might  have 
a  more  personal  application.  What  I  have  said  will  suf- 
fice for  the  inferences  I  mean  to  draw. 

"  First.  In  a  matter  so  essential  to  the  well-beinjr  of 
society,  as  the  prosperity  of  a  newly-instituted  Govern- 
ment, a  citizen  of  so  much  consequence  as  yourself  to  its 
success,  has  no  option  but  to  lend  his  services,  if  called 
for.  Permit  me  to  say,  it  would  be  inglorious  in  such  a 
situation  not  to  hazard  the  glory,  however  great,  which  he 
might  have  previously  acquired. 

"  Secondly.  Your  signature  to  the  proposed  system, 
pledges  your  judgment  for  its  being  such  an  one,  as,  upon 
the  whole,  was  worthy  of  the  public  approbation.  If  it 
should  miscarry  (as  men  commonly  decide  from  success, 
or  the  want  of  it),  the  blame  will,  in  all  probability,  be  laid 
on  the  system  itself;  and  the  framers  of  it  will  have  to  en- 
counter the  disrepute  of  having  brought  about  a  revolu- 
tion in  government,  without  substituting  any  thing  that 
was  worthy  of  the  effort.  They  pulled  down  one  Utopia, 
it  will  be  said,  to  build  up  another.  This  view  of  the 
subject,  if  I  mistake  not,  my  dear  sir,  will  suggest  to  your 
mind  greater  hazard  to  that  fame,  which  must  be,  and 
ought  to  be,  dear  to  you,  in  refusing  your  future  aid  to 
the  system,  than  in  affording  it.  I  will  only  add,  that,  in 
my  estimate  of  the  matter,  that  aid  is  indispensable. 

"  I  have  taken  the  liberty  to  express  these  sentiments, 
to  lay  before  you  my  view  of  the  subject.  I  doubt  not,  the 
considerations  mentioned  have  fully  occurred  to  you,  and= 
I  trust  they  will,  finally,  produce  in  your  mind  the  same 
result  which  exists  in  mine.  I  flatter  myself,  the  frank- 
ness with  which  I  have  delivered  myself,  will  not  be  dis- 
pleasing to  you.  It  has  been  prompted  by  motives  which 
you  would  not  disapprove." 


556  THE   EEPUBLIO.  [1788. 

Washington  answered: — "Mount  Yernon,  October 
third,  seventeen  hundred  and  eighty-eight.  Dear  Sir  : — 
In  acknowledging  the  receipt  of  your  candid  and  friendly 

letter  of ,  by  the  last  post,  Httle  more  is  incumbent 

on  me,  than  to  thank  you  sincerely  for  the  frankness  with 
which  you  communicated  your  sentiments,  and  to  assure 
you,  that  the  same  manly  tone  of  intercourse  will  always 
be  more  than  barely  welcome.  Indeed,  it  will  be  highly 
acceptable  to  me.  I  am  particularly  glad,  in  the  present 
instance,  you  have  dealt  thus  freely  and  like  a  friend. 

"  Although,  I  could  not  help  observing,  from  several 
publications  and  letters,  that  my  name  had  been  some- 
times spoken  of,  and  that  it  was  possible,  the  contingency, 
which  is  the  subject  of  your  letter,  might  happen ;  yet,  I 
thought  it  best  to  maintain  a  guarded  silence,  and  to  lack 
the  counsel  of  my  best  friends  (which  I  certainly  hold  in 
the  highest  estimation)  rather  than  to  hazard  an  imputa- 
tion unfriendly  to  the  delicacy  of  my  feelings.  For,  sit- 
uated as  I  am,  I  could  hardly  bring  the  question  into  the 
slightest  discussion,  or  ask  an  opinion  even  in  the  most 
confidential  manner,  without  betraying,  in  my  judgment, 
some  impropriety  of  conduct,  or  without  feeling  an  ap- 
prehension, that  a  premature  display  of  anxiety  might  be 
construed  into  a  vain-glorious  desire  of  pushing  myself 
into  notice,  as  a  candidate.  Now,  if  I  am  not  grossly  de- 
ceived in  myself,  I  should  unfeignedly  rejoice,  in  case  the 
electors,  by  giving  their  votes  in  favor  of  some  other 
person,  would  save  me  from  the  disagreeable  dilemma  of 
being  forced  to  accept  or  refuse.  If  that  may  not  be,  I 
am,  in  the  next  place,  earnestly  desirous  of  searching  out 
the  truth,  and  of  knowing,  whether  there  does  not  exist  a 
probability,  that  the  Government  would  be  just  as  happily 
and  effectually  carried  into  execution,  without  my  aid,  as 


^T.  31.]  HAMILTON.  557 

with  it.  I  am  truly  solicitous  to  obtain  all  the  previous 
information,  which  the  circumstances  will  afford,  and  to 
determine  (when  the  determination  can,  with  propriety, 
be  no  longer  postponed),  according  to  the  principles  of 
right  reason,  and  the  dictates  of  a  clear  conscience,  with- 
out too  great  a  reference  to  the  unforeseen  consequences, 
which  may  affect  my  person,  or  reputation.  Until  that 
period,  I  may  fairly  hold  myself  open  to  conviction; 
though  I  allow  your  sentiments  to  have  weight  in  them  ; 
and,  I  shall  not  pass  by  your  arguments  without  giving 
them  as  dispassionate  a  consideration  as  I  can  possibly 
bestow  on  them. 

"  In  taking  a  survey  of  the  subject,  in  whatever  point 
of  light  I  have  been  able  to  place  it,  I  will  not  suppress 
the  acknowledgment,  my  dear  sir,  that  I  have  always 
felt  a  kind  of  gloom  upon  my  mind  as  often  as  I  have 
been  taught  to  expect  I  might,  and  perhaps,  must,  ere 
long,  be  called  to  make  a  decision.  You  will,  I  am  well 
assured,  believe  the  assertion  (though  I  liave  little  expec- 
tation it  would  gain  credit  from  those  who  are  less  ac- 
quainted with  me),  that,  if  I  should  receive  and  act  under 
the  appointment,  the  acceptance  would  be  attended  with 
more  diffidence  and  reluctance  than  ever  I  experienced 
before  in  my  life.  It  would  be,  however,  with  a  fixed 
and  sole  .determination  of  lending  whatever  assistance 
might  be  in  my  power,  to  promote  the  public  weal,  in 
hopes  that,  at  a  convenient  and  an  early  period,  my  ser- 
vices might  be  dispensed  with,  and  that  I  might  be  per- 
mitted, once  more,  to  retire — to  pass  an  unclouded  even- 
ing, after  the  stormy  day  of  life,  in  the  bosom  of  domestic 
tranquillity. 

"  But  why  these  anticipations  ?  If  the  friends  of  the 
Constitution  conceive,  that  my  administering  the  Govern- 


558  THE   KEPUBLIO.  [1788. 

ment  will  be  the  means  of  its  acceleration  and  strength, 
is  it  not  probable,  that  the  adversaries  thereof  may  enter- 
tain the  same  ideas,  and,  of  course,  make  it  an  object  of 
opposition  ?  That  many  of  this  description  will  be  amongst 
the  Electors,  I  have  no  more  doubt  than  I  have  of  the 
part  they  will  act  at  the  election,  which  will  be  adverse 
to  the  choice  of  any  character  who,  (from  whatever 
cause,)  would  be  likely  to  thwart  their  views.  It  might 
be  impolitic,  perhaps,  in  them  to  make  this  declaration 
previous  to  the  election  ;  but  I  shall  be  out  in  my  conjec- 
tures, if  they  do  not  act  conformably  thereto,  at  it ;  and, 
prove  that,  all  the  seeming  moderation  by  which  their 
present  conduct  is  marked,  is  calculated  to  lull  and  de- 
ceive. Their  plan  of  opposition  is  systemized,  and  a  reg- 
ular intercourse  between  the  leaders  of  it  in  the  several 
States  (I  have  much  reason  to  believe)  is  formed  to  render 
it  more  effectual.  With  sentiments  of  sincere  regard  and 
esteem,  etc." 

In  the  Postscript  to  a  subsequent  letter,  Hamilton  re- 
marked— "Your  last  letter  on  a  certain  subject  I  have 
received.  I  feel  a  conviction,  that  you  will  finally  see  your 
acceptance  to  be  indispensable.  It  is  no  compliment  to 
say  that  no  other  man  can  sufficiently  unite  the  public 
opinion,  nor  can  give  the  requisite  weight  to  the  office,  in 
the  commencement  of  the  Government.  These  consid- 
erations appear  to  me  of  themselves  decisive.  I  am  not 
sure,  that  your  refusal  would  not  throw  every  thing  into 
confusion.  I  am  sure,  that  it  would  have  the  worst  effect 
imaginable.  Indeed,  as  I  hinted  in  a  former  letter,  I 
think,  circumstances  leave  no  option." 

While  such  was  the  general  sentiment  of  the  American 
people,  the  party  opposed  to  the  Constitution,  which,  it 
has  been  remarked,  embraced  most  of  the  individuals  who 
had  composed  the  Cabal  of  Gates,  saw  in  Washington's 


^T.  81.]  HAMILTON".  659 

signature  to  that  instrument,  a  new  source  of  hostility  to 
him. 

They  would  gladly  have  directed  their  influence  in 
favor  of  some  other  individual,  and,  for  a  time,  the  preten- 
sions of  Franklin  were  discussed  in  private  circles.  But, 
the  incomparably  superior  claims  of  Washington  silenced 
this  purpose,  which  there  is  no  evidence  was  encouraged 
by  Franklin,  whose  extreme  age  would  alone  have  pre- 
sented an  insuperable  objection. 

Indeed,  the  suggestion  was  at  the  time  only  noticed, 
because,  it  was  understood,  to  have  the  countenance  of 
men  warm  in  the  interests  of  France,  who  perceived  that 
an  United  Government  of  adequate  powers  must  soon 
make  solid  arrangements  with  Great  Britain,  as  being  ne- 
cessary to  the  commercial  prosperity  of  this  country. 

The  Ministry  of  France  saw  this  result.  Such  a  gov- 
ernment they  had  early  deprecated,  for  the  reason,  that, 
the  "  views  and  affections  of  the  United  States  will  be 
very  versatile,  and  that  they  cannot  count  on  them,  if 
ever  there  happen  new  discussions  with  England."  They 
were  only  deterred  from  opposing  the  measures  to  estab- 
lish the  Constitution,  by  an  apprehension  of  the  conse- 
quences of  such  an  interference.  In  the  instructions  to 
DeMoustier,  given  a  few  days*  after  the  Federal  Con-^ 
vention  had  adjourned,  it  is  stated. — "  The  Count  will 
have  seen  in  the  correspondence  of  the  Sieur  Otto,  that 
the  Americans  are  occupied  with  a  new  Constitution. 
This  object  interests,  but  weakly,  the  politics  of  the  King. 
His  Majesty  thinks,  on  the  one  hand,  that  these  delibera- 
tions will  not  succeed,  on  account  of  the  diversity  of  af- 
fections, of  principles,  and  of  interests  of  the  different  prov- 
inces. On  the  other  hand,  that  it  suits  France,  that  the 
United  States  should  remain  in  the  present  state,  because, 

*  September  30,  1787. 


560  THE  KEPUBLIO.  [1788. 

if  they  should  acquire  the  consistence  of  which  they  are 
susceptible,  they  would  soon  acquire  a  force,  or  a  power 
which  they  would  be  very  ready  to  abuse — notwithstand- 
ing, the  Minister  will  be  perfectly  passive,  and  neither 
show  himself  for  or  against  the  new  arrangement. " 

The  selection  of  a  name,  to  be  associated  with  Wash- 
ington, as  Vice-President,  was  also  a  subject  of  interest. 

The  only  useful  motive  to  the  creation  of  this  office, 
would  seem  to  be,  to  provide  a  substitute,  in  the  contin- 
gency of  a  vacancy,  for  a  President — thus  avoiding  the  ne- 
cessity of  a  new  election.  This  object  could  have  been 
attained  in  a  different  mode,  without  incurring  the  dangers 
which,  in  the  progress  of  this  government,  may  be  found 
incident  to  an  office,  the  natural  centre  of  Cabal-faction 
and  civil  war.* 

Perhaps,  it  originated  in  a  desire  to  preserve  an  analogy 
to  the  State  Constitution,  in  their  institution,  of  a  Lieuten- 
ant Governor ;  but  more  probably,  to  meet  the  prejudices 
which  prevailed  as  to  a  single  Executive ;  and  to  satisfy 
geographical  jealousies,  by  giving,  as  may  have  been  sup- 
posed, a  sectional  Representative  in  that  important  depart- 
ment of  the  Government,  and  a  sectional  influence  in  the 
Senate.  It  may  also  have  been  intended  to  secure  the 
succession,  in  case  of  a  vacancy,  to  a  citizen  of  a  different 
State  from  that  which  gave  the  first  Magistrate.  These 
considerations  will  be  seen  to  have  governed,  at  this  time, 
in  the  selection  of  the  candidate  for  the  Vice-Presidency. 

South  Carolina  had  early  adopted  the  Constitution, 
and  presented  several  individuals  of  distinguished  merit, 
but  like  Virginia,  was  a  planting  State  ;  and  was  of  inferior 
importance. 

*  "  Are  we,"  Adams  observed  in  the  Senate,  "the  two  Kings  of  Sparta,  the 
two  Consuls  of  Rome,  or  the  two  Suffetes  of  Carthage"  ? 


^T.  31.]  HAMILTON. 

Pennsylvania  had  strong  claims  from  her 
tion  and  political  weight,  but  none  of  her  citizens  aspired 
to  that  station. 

New  York,  it  was  known,  would  have  presented  a 
hostile  candidate  ;  and,  in  the  general  opinion,  Massachu- 
setts, by  her  exertions,  her  influence,  her  wealth,  and  her 
population,  was  entitled  to  the  preference.  But,  in 
that  State,  the  sphere  of  selection  was  circumscribed. 
Hancock  may  have  indulged  the  hope  of  being  Pres- 
ident. Samuel  Adams  first  opposed  the  Constitution, 
ultimately  assented  to  it.  He  was,  therefore,  without  the 
confidence  either  of  its  friends  or  of  its  enemies  ;  and  his 
nomination  must  have  been  oflfensive  to  Washington. 
Knox  was  thought  of,  but  he  also  was  a  soldier. 

In  this  divided  state  of  opinion,  John  Adams  arrived 
in  the  United  States.  He  had  many  advocates.  His 
position  as  Foreign  Minister  had  kept  him  prominently 
before  the  people.  Though  absent  during  its  discussions, 
his  sentiments  were  in  favor  of  the  Constitution,  in  sup- 
port of  which  he  had  written — a  circumstance,  that  engaged 
the  good  feeling  of  the  Federalists.  While,  the  uncertainty 
of  his  opinions  on  many  leading  questions — his  hostility  to 
the  Cincinnati — and  his  unhappy  jealousy  of  Washington, 
would  recommend  him  to  the  Democrats. 

A  belief  that  Massachusetts  was  much  indebted  to  his 
exertions  in  the  negotiation  as  to  the  Fisheries,  also  added 
to  his  popularity  in  a  State,  which  had  felt  and  cherished 
his  impulsive  temperament. 

But  fears  were  entertained  lest  Washington  might 
have  prejudices  against  him,*  and  assurances  were  given 
to  him  of  Adam's  sincere  support  of  the  Constitution. 
Washington,  who  understood  Adams,  replied,  cautiouslj^ 
"  Having  taken  it  for  granted,  that  the  person  selected  for 

*  Lincoln  to  "Washington.     Washington's  Writings,  vol.  ix.,  p.  555. 
Vol.  III.— 36 


562  THE    EEPUBLIC.  [1788. 

that  important  place,  would  be  a  true  Federalist,  in  that 
case,  he  was  altogether  disposed  to  acquiesce  in  the  pre- 
vailing sentiments  of  the  electors,  without  giving  any  un- 
becoming preference,  or  incurring  any  unnecessary  ill 
will. " 

Other  men  of  influence,  aware,  though  not  to  their  full 
extent,- of  the  intrinsic  and  vital  defects  of  his  character, 
paused  as  to  the  selection  of  Adams.  Hamilton,  waiting 
to  Theodore  Sedgwick,  lately  a  member  of  the  Massa- 
chusetts Convention,  in  relation  to  the  recent  decision  of 
Congress,  as  to  the  seat  of  Government,  observed  : — "  I 
thank  you,  my  dear  Sir,  for  your  obliging  congratu- 
lations on  the  event,  towards  effecting  which,  your  aid  as  a 
joint  laborer  was  so  essential.  I  hope,  experience  may 
show,  that  while  it  promotes  the  interest  of  this  place,  it 
will  not  be  incompatible  with  public  good.  We  are  mak- 
ing efforts  to  prepare  handsome  accommodations  for  the 
session  of  the  New  Congress. 

"  On  the  subject  of  Vice-President,  my  ideas  have  con- 
curred with  yours,  and  I  believe  Mr.  Adams  will  have  the 
votes  of  this  State.  He  will  certainly,  I  think,  be  prefer- 
red to  the  other  gentleman.  Yet,  certainly  is  perhaps  too 
strong  a  word.  I  can  conceive,  that  the  other,  who  is 
supposed  to  be  a  more  pliable  man,*  may  command  Anti- 
Federal  influence. 

"  The  only  hesitation  in  my  mind,  with  regard  to  Mr. 
Adams,  has  arisen  within  a  day  or  two,  from  a  suggestion, 
by  a  particular  gentleman,  that  he  is  unfriendly  in  his 
sentiments  to  General  Washington.  Richard  H.  Lee, 
who  will  probably,  as  rumor  now  runs,  come  from  Vir- 
ginia, is  also  in  this  style.  The  Lees,  and  Adamses,  have 
been  in  the  habit  of  uniting ;  and,  hence,  may  spring  up  a 
cabal  very  embarrassing  to  the  Executive,  and  of  course, 

*  Hancock. 


^T.  31.]  HAMILTON.  56*3 

to  the  administration  of  the  Government.  Consider  this, 
sound  the  reality  of  it,  and  let  me  hear  from  you.  What 
think  you  of  Lincoln  or  Knox  ?    This  is  a  flying  thought." 

"Mr.  Adams,"  Sedgwick  answered,  "was  formerly 
infinitely  more  democratical  than  at  present,  and  possess- 
ing that  jealousy  which  always  accompanied  such  a  char- 
acter, he  was  averse  to  repose  such  unlimited  confidence 
in  the  Commander-in-chief,  as  then  was  the  disposition  of 
Congress.  Mr.  Adams  is  not  among  the  number  of  my 
particular  friends,  but,  as  a  man  of  unconquerable  intre- 
pidity, and  of  incorruptible  integrity,  as  greatly  experi- 
enced in  the  interests  and  character  of  this  country,  he 
possesses  my  highest  esteem.  *  *  *  The  minds  of  all 
men  here,  seem  to  be  fixed  either  on  Adams,  or  Han- 
cock." 

Inquiries  were  made  and  assurances  given,  that 
Adams  would  strenuously  oppose  the  calling  a  Second 
Convention,  and  that  his  policy  as  to  the  establishment 
and  credit  of  the  Government,  were  opposite  those  of 
Richard  Henry  Lee.  "  A  greater  knowledge  of  the 
world,"  it  was  hoped,  "  had  cured  him  of  his  old  party  prej- 
udices," and  the  effect  of  disappointment  in  rendering 
him,  if  not  hostile,  lukewarm  to  the  Constitution,  it  was 
feared,  "  would  throw  a  pernicious  weight  in  the  Anti-Fed- 
eral scale."  *  On  these  grounds  the  Southern  States  were 
urged  to  unite  in  his  support. 

Madison  writing  to  Jeflferson,  observes,  "  South  Caro- 
lina may  think  of  Mr.  Rutledge.  The  only  candidates  in 
the  Northern  States,  brought  forward  with  their  known 
consent,  are  Hancock  and  Adams  ;  and,  between  these,  it 
seems  probable,  the  question  will  lie.  Both  of  them  are 
objectionable,  and  would,  I  think,  be  postponed  by  the 
general  suffrage  to  several  others,  if  they  would  accept 

*  William  Duer  to  Madison. 


564  THE   REPUBLIC.  [1788 

the  place.  Hancock  is  weak — ambitious — a  courtier  of 
popularity — given  to  low  intrigue,  and  lately  reunited  by 
a  factious  friendship  with  Samuel  Adams.  John  Adams 
has  made  himself  obnoxious  to  many,  particularly  in  the 
Southern  States,  by  the  political  principles  avowed  in  his 
book.  Others,  recollecting  his  cabal,  during  the  war, 
against  General  Washington— knowing  his  extravagant 
self-importance,  and  considering  his  preference  of  an  unprof- 
itable dignity  to  some  place  of  emolument,  better  adapted 
to  private  fortune,  as  a  proof  of  his  having  an  eye  to  the 
Presidency,  conclude  that  he  would  not  be  a  very  cordial 
friend  to  the  General,  and  that  an  impatient  ambition 
might  even  intrigue  for  a  premature  advancement.  The 
danger  would  be  the  greater,  if  particular  factious  char- 
acters, as  may  be  the  case,  should  get  into  the  public 
councils.  Adams,  it  appears,  is  not  unaware  of  the  ob- 
stacles to  his  wish,  and,  through  a  letter  to  Smith,  has 
thrown  out  popular  sentiments  as  to  the  proposed  Presi- 
dent." 

Soon  after,  Hamilton  wrote  to  Madison :  "  On  the 
whole,  I  have  concluded  to  support  Adams,  though  I  am 
not  without  apprehensions  on  the  score  we  have  conversed 
about.  My  principal  reasons  are  these :  First.  He  is  a 
declared  partisan  of  deferring  to  future  experience  the 
expediency  of  amendments  in  the  system,  and  (although 
I  do  not  altogether  adopt  this  sentiment)  it  is  much  nearer 
my  own  than  certain  other  doctrines.  Secondly,  He  is 
certainly  a  character  of  importance  in  the  Eastern  States ; 
if  he  is  not  Vice-President,  one  of  two  worse  things  will 
be  likely  to  happen.  Either  he  must  be  nominated  to 
some  important  office,  for  which  he  is  less  proper,  or  will 
become  a  malcontent,  and  give  additional  weight  to  the 
opposition  to  the  Government.  As  to  Knox,  I  cannot 
persuade  myself  that  he  will  incline  to  the  appointment. 


^T.  31.]  HAMILTON.  566 

He  must  sacrifice  emolument  by  it,  which  must,  of  neces- 
sity be  a  primary  object  with  him.  If  it  should  be  thought 
expedient  to  endeavor  to  unite  in  a  particular  character, 
there  is  a  danger  of  a  different  kind  to  which  we  must  not 
be  inattentive — the  possibility  of  rendering  it  doubtful, 
who  is  appointed  President.  You  know,  the  Constitution 
has  not  provided  the  means  of  distinguishing,  in  certain 
cases,  and  it  would  be  disagreeable,  even,  to  have  a  man 
treading  close  upon  the  heels  of  the  person,  we  wish,  as 
President.  May  not  the  malignity  of  the  opposition  be, 
in  some  circumstances,  exhibited,  even,  against  him  ?  Of 
all  this,  we  shall  best  judge,  when  we  know  who  are  our 
Electors  ;  and,  we  must,  in  our  different  circles,  take  our 
measures  accordingly.  I  should  console  myself  for  what 
you  mention  respecting  yourself,  from  a  desire  to  see  you 
in  one  of  the  Executive  departments,  did  I  not  perceive, 
the  representation  will  be  defective  in  characters  of  a 
certain  description.  Wilson  is,  evidently,  out  of  the  ques- 
tion. King  tells  me,  he  does  not  believe  he  will  be  elected 
into  either  House.  Gouverneur  Morris  set  out  to-day  for 
France.  If  you  are  not  in  one  of  the  branches,  the  Gov- 
ernment may  sincerely  feel  the  want  of  men,  who  unite 
to  zeal,  all  the  requisite  qualifications  for  parrying  the 
machinations  of  its  enemies.  Might  I  advise,  it  would  be, 
that  you  bend  your  course  for  Virginia.  Affectionately 
yours."  * 

While  this  selection  remained  in  suspense,  the  oppo- 
nents of  the  Constitution  brought  forward  Clinton,  as  a 
candidate  ;  without  hope  of  success,  but,  as  a  mean  of 
rallying  their  party,  and  establishing  a  systematic  opposi- 
tion. 

All  other  considerations,  in  the  minds  of  the  support- 

*  Hamilton's  Works,  i.  488.     Nov.  23,  1788 


566  THE   EEPUBLIO.  [1788. 

ers  of  the  Government,  yielded  to  the  necessity  of  de- 
feating their  attempt ;  and,  Adams  received  the  cordial 
support  of  those,  who,  under  other  circumstances,  would 
have  opposed  him.  The  state  of  this  question  is  shown 
in  the  following  letter  from  Hamilton : 

"  I  thank  you  for  your  two  letters  of  the  fourth  and 
seventh  instant,  which  arrived  here  during  my  absence  at 
Albany, 'from  which  place  I  have  but  recently  returned. 
I  believe  you  may  be  perfectly  tranquil  on  the  subject 
of  Mr.  Adams'  election.  It  seems  to  be  certain,  that  all 
the  middle  States  will  vote  for  him  to  Delaware  inclusive- 
ly, and  probably,  Maryland. 

"  In  the  South,  there  are  no  candidates  thought  of,  but 
Rutledge,  and  Clinton.  The  latter  will  have  the  votes  of 
Virginia,  and  it  is  possible,  some  in  South  Carolina.  Mary- 
land will  certainly  not  vote  for  Clinton  ;  and  New  York, 
from  our  Legislature  having  by  their  contentions  let  slip 
the  day,  will  not  vote  at  all.  For  the  last  circumstance, 
I  am  not  sorry,  as  the  most  we  could  hope,  would  be  to 
balance  accounts,  and  do  no  harm.  The  Anti-Federalists 
inchne  to  an  appointment,  notwithstanding ;  but,  I  dis- 
courage it  with  the  Federalists. 

"  Under  these  circumstances,  I  see  not  how  any  per- 
son can  come  near  Mr.  Adams,  that  is,  taking  for  granted, 
that  he  will  unite  the  votes  in  New  Hampshire  and  Mas- 
sachusetts. I  expect,  that  the  Federal  votes  in  Virginia, 
if  any,  will  be  in  favor  of  Adams. 

*  -jt  *  *  *  «  * 

"  On  many  accounts,  indeed,  it  appears  to  be  impor- 
tant, that  there  should  be  an  appearance  of  zeal  and  punc- 
tuality, in  coming  forward  to  set  the  Government  in 
motion. 

"  I  shall  learn,  with  infinite  pleasure,  that  you  are  a 
Representative.     As  to  me,  this  will  not  be  the  case ;  I 


^T.  31.]  HAMILTON.  507 

believe,  from  my  own  disinclination  to  the  thing.  We 
shall,  however,  I  flatter  myself,  have  a  couple  of  Feder- 
alists." 

In  the  first  canvass,  under  the  present  Government,  it 
was  of  the  greatest  importance  to  guard  against  any  in- 
trigue of  its  adversaries,  by  which  Adams  might  compete 
with  Washington.  This  was  the  more  necessary,  as  the 
Anti-Federalists,  to  secure  Clinton's  election,  as  Vice-Pres- 
ident, declared,  that  they  would  unite  their  votes  upon 
Adams ;  the  object  of  this  declaration  being,  to  divert  the 
vote  of  New  England  from  Adams  to  Clinton,  under  the 
apprehension,  that  their  vote  might  defeat  the  election'  of 
Washington.  To  prevent  this,  as  he  had  previously  inti- 
mated would  be  expedient,  Hamilton  exerted  his  influence 
with  his  friends.  This  precaution  gave  dire  offence  to 
Adams  ;  and  excited  a  rancor  in  his  breast  against  the 
authors  of  it,  which  was  only  smothered  for  a  time.* 

*  In  the  life  of  Adams,  by  C.  F.  Adams,  the  course  pursued,  wholly  for- 
getful of  the  great  motive,  is  called  "  a  refinement  of  policy  " — and  the  "  mode ' 
used,  is  called  "  clandestine; "  and  said  to  be  " ominous  of  imperfect faithJ"  It 
is  to  be  recollected,  that  there  had  been,  and  there  was,  no  nomination  of 
Adams  by  any  party  or  body  of  men ;  and  there  could  be  no  "  Imperfect  faith," 
because  there  had  been  no  faith  pledged  by  any  person,  or  to  any  person  or 
persons.  The  question  was  enthrely  open.  As  to  the  mode^  how  any  co-opera- 
tion for  so  important  an  object — the  placing  the  election  of  Washington  beyond 
all  hazard — could  be  otherwise  than  by  a  correspondence  between  leading  in- 
dividuals, it  is  as  difficult  to  conceive  ;  as  it  is  to  imagine,  why  it  should  be  pro- 
nounced "  clandestine^  In  respect  to  so  immense  a  question,  as  the  successful 
initiation  of  a  government,  would  a.  public  appeal  have  been  safe  ?  Upon  what 
principle  would  it  have  been  proper  or  neccessary,  or  decorous  ? 

At  a  late  period  of  his  life,  Adams  wrote :  "  Hamilton  caused  it  to  be 
propagated  in  the  Northern  States,  that  Virginia  would  not  vote  for  Washing- 
ton, and,  in  the  Southern  States,  that  New  England  would  not  vote  for  Wash- 
ington ;  or,  at  least,  that  their  votes  would  not  be  unanimous,  at  the  same 
time,  that  there  was  great  probability  there  would  be  a  unanimous  vote  for 
Adams;  and,  that,  therefore,  the  Electors  must  throw  away  so  many  of  their 


568  THE    KEPUBLIC.  [1789. 

The  reply  of  Colonel  Wadsworth  to  a  letter  of  Ham- 
ilton, states,  that  Connecticut  had  "  given  her  vote  agree- 
ably to  his  wishes,"  being  a  full  vote  for  Washington,  and 
two  less,  for  Adams.  Maryland  threw  away  her  votes  on 
Colonel  Harrison,  and  South  Carolina  on  Rutledge. 
From  the  same  commanding  motive,  other  States  pursued 
a  similar  course.  The  only  votes  for  Adams,  south,  of 
Pennsylvania,  were  five  from  Virginia. f 

The  elections  having  been  held  in  all  the  States  which 
had  adopted  the  Constitution,  with  the  exception  of  New 
York,  the  Congress  of  the  United  States  ought  to  have 
assembled  on  the  first  Wednesday  of  March,  seventeen 
hundred  and  eighty-nine. 

But  the  habitual  inattention  which  marked  the  con- 
duct of  the  Delegates,  under  the  Confederacy,  who  still 
continued  to  meet,  was  manifested  on  this  occasion. 
Notwithstanding  the  urgent  motives  to  an  early  action 
of  the  new  Government,  a  House  of  Representatives 
was  not  formed  until  the  first,  nor  a  Senate  convened 
until  the  sixth  of  April,  two  successive  circulars  having 
been  addressed  by  eight  Senators,  earnestly  urging  the 
attendance  of  the  residue. 

Upon  a  canvass  of  the  returns  from  the  Electoral 
Colleges,  Washington  had  sixty-nine  votes  ;  Adams  thirty- 
four.  Thus,  there  was  a  unanimous  voice  for  the  first ; 
and  less  than  half  the  votes  for  the  second  officer  of  the 
National  Government. 

After  receiving  every  tribute  of  public  affection  and 
respect,  on  his  route  from'  Mount  Vernon  ;  the  President 
arrived  at  New  York,  on  the  twenty-third  of  April.  There, 
the  religious  character,  which  still  marks  that  benevolent 

votes,  that  Adams  could  not  have  a  majority,  and,  consequently,  could  not  be 
President." ! ! ! — John  Adams'  "Works,  vi.  543. 
f  Clinton  received  three  of  her  votes. 


J]:t.  32.]  HAMILTON.  569 

and  intelligent  community,  was  shown.  In  the  morning 
of  the  thirtieth — the  day  appointed  for  his  inauguration — 
every  Church  in  the  city  was  to  be  seen,  filled  with  its 
congregation,  offering  prayers  for  the  success  of  the  new 
Government,  and  the  welfare  of  its  head. 

A  procession  was  then  formed  to  attend  the  President 
from  his  residence  to  the  hall  of  Congress.  Standing 
upon  its  elevated  balcony,  in  presence  of  a  multitude,  in- 
creased by  inhabitants  from  the  adjacent  States,  he  took 
the  oath  of  office — administered  to  him,  by  the  Chancellor 
of  the  State  of  New  York. 

At  this  interesting  scene,  Hamilton  was  present.  He 
now  saw  the  accomplishment  of  the  arduous  efforts  of 
many  anxious  years — the  organization  of  the  Government 
being  completed — by  the  inauguration  of  Washington,  as 
President  of  the  Republic. 


NOTES   TO    VOL.  III. 


NOTE  TO  PAGE  28. 


In  part  of  a  former  work,  there  is  an  error.  The  person  there  mentioned, 
as  being  a  member  of  the  Legislature,  was  not  so.  The  acts  there  referred  to, 
■were  passed  May  12,  1784.  The  City  of  New  York  was  evacuated,  Novem- 
ber 25,  1783 ;  and  A.  B.  was  elected  in  April,  1784,  the  regular  annual  elec- 
tion. The  author  of  that  work,  was  not  then  awaroj  as  is  stated  in  the  text  of 
the  present  work,  that  there  was  a  special  election  in  January,  1784,  so  soon 
after  the  evacuation  of  the  city ;  but  erroneously  supposed,  that  the  Legisla- 
ture which  passed  these  acts  was  that  elected  in  April,  1784,  of  which  A.  B.  was 
a  member.  Subsequent  access  to  the  Journal  of  the  Legislature  has  enabled  him 
to  make  the  correction,  which  has  been  made. 

NOTE  TO  PAGE  347. 

On  referring  to  the  printed  Journal,  it  will  be  seen  that  the  amendment 
mentioned  by  Jefferson  does  not  appear.  The  precision  of  this  statement  can 
leave  no  doubt,  either  that  he  personally  derived  it  from  the  Journal,  or  from 
a  person  who  had  access  to  it.  The  Journal,  as  printed,  was  compiled  by 
John  Q.  Adams,  then  Secretary  of  State,  under  a  resolution  of  Congress  of  the 
27th  of  March,  1818.  It  was,  by  the  last  act  of  the  Federal  Convention,  de- 
posited with  General  Washington,  to  be  retained  by  him,  subject  to  the  order 
of  Congress.  On  the  19th  March,  1796,  he  deposited  in  the  State  Department 
all  the  papers  of  the  Federal  Convention  in  his  charge,  Mr.  Pickering  then 
being  Secretary  of  State.  He  was  succeeded  by  John  Marshall,  and  JNIarshall 
by  Madison. 

Mr.  Adams  addressed  Madison  this  letter  : 

"  Depabtment  of  State,  Washington,  22  Oct.,  1818, 
"  A  resolution  of  Congress  of  27  March  last,  directs  the  publication  of  the 
Journal  of  the  Convention  which  formed  the  present  Constitution  of  the  United 


ii  NOTES. 

States,  now  remaining  in  this  office,  and  all  acts  and  proceedings  of  the  Con- 
vention which  are  in  the  possession  of  the  United  States. 

"  On  the  19  th  March,  1796,  there  were  deposited  in  this  office,  hy  Presi- 
dent Washington,  a  volume  in  manuscript  containing  the  Journal  of  the  pro- 
ceedings of  the  Convention  ;  a  second  volume,  containing  their  proceedings  in 
committee  of  the  whole ;  a  third  volume,  containing  lists  of  yeas  and  nays  on 
various  questions ;  and  nine  separate  papers,  two  of  which  are  copies  of  reso- 
lutions submitted  by  Mr.  Eandolph,  and  discussed  in  Convention ;  one  is  a 
printed  draft  of  the  Constitution  as  reported,  with  manuscript  minutes  of 
amendments  to  it,  adopted  after  debate,  and  the  rest  are  papers  of  little  or  no 
consequence. 

"  These  are  all  the  documents  possessed  by  the  government,  coming  with- 
in the  scope  of  the  resolution  of  Congress  at  their  last  session.  General  Bloom- 
field  transmitted  to  me,  in  the  month  of  May  last,  several  papers  relating  to 
the  proceedings  of  the  Convention,  which  had  come  into  his  hands,  as  executor 
to  Mr.  Brearly,  one  of  its  members.  Among  them  are  copies  of  propositions 
offered  on  the  15th  of  June,  1787,  by  Mr.  Patterson,  and  a  plan  of  Constitu- 
tion offered  by  Colonel  Hamilton, 

"  Mr.  Patterson's  propositions  are  noticed  in  the  Journal  of  the  loth  of 
June,  but  I  find  throughout  the  Journal  no  mention  made  of  the  plan  of  Col. 
Hamilton.  The  Journal  does  mention  a  plan  of  Constitution  offered  by  Mr. 
Charles  Pinckney,  which  appeared  to  have  been  taken  into  consideration,  but 
of  which  there  is  no  co^y  in  possession  of  the  governynent. 

"  The  volume  contahiing  the  Journal  of  the  Convention  is  incomplete. 
The  second  closes  with  the  proceedings  of  Friday,  14th  Sept.,  1787.  Those  of 
Saturday,  the  loth,  and  of  Monday,  the  17th,  the  day  of  final  adjournment, 
are  not  entered  in  the  book,  which,  if  published  in  its  present  condition,  will 
be  a  fragment.  I  have  written  to  Major  Jackson,  the  Secretary  of  the  Con- 
vention, to  inquire  if  he  could  furnish  the  means  of  supplying  the  deficiency. 
He  answers  that  he  cannot.  The  chasm  is  remarkable,  as  the  adjournment  on 
the  lith  leaves  a  debate  unfinished  and  to  be  resumed.  There  was  eyen.  apart 
of  the  proceedings  of  Saturday,  the  15th,  which  is  crossed  out,  upon  the  book. 

"  Under  these  circumstances,  the  President  has  directed  me  to  write  to  you 
and  inquire,  if  you  can,  without  inconvenience,  furnish  the  means  of  complet- 
ing the  Journal  by  a  note  which  may  indicate  the  transactions  of  the  Conven- 
tion on  the  last  two  days  of  the  session  ;  and  if  you  have  any  additional  docu- 
ments relating  to  the  proceedings  of  the  Convention,  which  you  think  might 
be  useful  to  add  to  the  publication  directed  by  Congress,  and  which  you  would 
have  the  goodness  to  communicate  for  that  purpose." 


NOTES.  iii 

Reply  of  Madison. 
^^  „  "  MoNTPELlBK,  JV^ov.  2, 1818. 

"  I  have  received  your  letter  of  the  22d  ult.,  and  enclose  such  extracts 
from  my  notes  relating  to  the  two  last  days  of  the  Convention,  as  may  fill  the 
chasm  in  the  Journal,  according  to  the  mode  in  which  the  proceedings  are 
recorded. 

"  Col.  Hamilton  did  not  propose  in  the  Convention  any  plan  of  Constitution. 
He  had  sketched  an  outline  which  he  read  as  part  of  a  speech,  observing,  that 
he  did  not  mean  it  as  a  proposition,  but  only  to  give  a  more  correct  view  of  his 
ideas. 

"  Mr.  Patterson  regularly  proposed  a  plan  which  was  discussed  and  voted 
on.  I  do  not  find  the  plan  of  Charles  Pinckney  among  my  papers.  I  tender 
you,  sir,  assurances  of  my  great  respect  and  esteem." 

J.  Q.  Adams  to  Madison. 

"  "Washington.  1  Ju7ie,  1S19. 
"Dear  Sir,— 

"  In  a  letter  which  I  had  the  honor  to  receive  from  you  last  November, 
you  observed,  in  relation  to  a  plan  of  government  offered  by  Col.  Hamilton  to 
the  Federal  Convention,  1787,  that  it  was  not  formally  presented  as  a  plan  to 
be  debated,  but  read  by  him,  in  the  course  of  a  speech.  Could  you  favor  me 
so  far  as  to  inform  me  of  the  day  upon  which  that  speech  was  delivered,  and 
the  question  or  subject  in  debate  which  gave  occasion  to  it  ?  Mj  motive  for 
the  inquiry  is,  that  as  it  is  to  be  published  with  the  Journal  of  the  Convention, 
it  seems  proper  that  it  should  be  printed  with  reference  to  the  time  and  occa- 
sion upon  which  it  was  nresented." 

J.   Q.  Adams  to  Madison. 

"  "Washington,  18  June,  1819. 

"  It  appears  by  the  Journal  that  on  the  12th  of  Sept.  a  revised  draught  of 
the  plan  of  the  Convention  was  brought  in  by  a  Committee  of  Revision,  con- 
sisting of  five  members.  It  was  printed  and  copies  of  it  were  distributed  to  the 
members  on  the  13th.  It  was  then  taken  up,  collated  with  the  previous 
draught,  and  the  proceedings  of  the  Convention  upon  it,  corrected  and  amend- 
ed. This  is  the  only  entry  concerning  it  made  on  the  Journal,  but  from  the 
list  of  yeas  and  nays,  of  which  I  now  take  the  liberty  to  enclose  to  you,  it  is 
apparent  that  many  very  important  amendments  were  proposed,  some  of  which 
were  adopted,  and  others  rejected,  upon  questions  taken  by  ayes  and  nays  in 
the  process  of  preparing  the  revised  draught  for  signature. 

•'  The  enclosed  list  is  an  exact  copy  of  that  in  the  Department,  referring  to 
the  period  of  the  proceedings  of  the  Convention.     Some  of  the  questions  are 


iv  NOTES. 

entered  on  the  list,  but  many  others  are  omitted,  the  ayes  and  nays  appearing 
to  have  been  taken,  but  the  question  upon  which  being  left  in  blank.  By  re- 
currence to  the  alterations  of  the  revised  draughty  I  have  been  able  to  ascertain 
some  of  them,  but  of  manr/  rejected  propositions  I  have  no  clue  that  would 
enable  me  to  trace  the  questions. 

"  The  favor  I  have  to  ask  you  is,  as  far  as  your  minutes  or  documents  or 
recollections  may  enable  you,  to  fill  up  the  blanks  of  the  questions  in  the  en- 
closed list.  I  received  your  favor  in  answer  to  my  question  concerning 
Colonel  Hamilton's  plan,  for  which  I  pray  you  to  accept  my  thanks,  and  add 
at  the  same  time  the  renewed  tender  of  my  perfect  respect  and  attachment." 

J.  Q.  Adams  to  Madison. 

"Washington,  21  June,  1820. 

"  I  have  had  the  pleasure  of  receiving  your  letter  of  the  13th  instant. 
The  en'or  in  the  printed  Journal  of  the  Convention  by  which  the  motion  on 
the  7th  Sept.  for  the  establishment  of  a  Council  of  State  is  ascribed  to  you,  is 
in  the  original  list  of  ayes  and  noes,  taJcen  at  the  time  by  the  Secretary^  who 
probably  in  the  hurry  of  writing  made  the  mistake  which  you  suggest  of  your 
name  instead  of  that  of  Mr.  Mason.* 

"  I  am  apprehensive  that  upon  examination  of  the  volume  you  will  find 
many  other  errors  and  inaccuracies,  some  of  which  may  be  traceable  to  the 
same  source  as  this,  and  the  others  to  the  imperfections  of  all  the  assiduity 
with  which  it  was  my  intention  to  exhibit  all  the  evidence  that  did  exist  at 
this  Department  of  the  proceedings  of  the  Convention.  If  without  intruding 
too  much  on  your  leisure,  I  could  take  the  liberty  of  requesting,  that  you 
would  take  the  trouble  to  examine  the  volume  throughout,  and  to  minute  all 
the  passages  which  your  recollection  or  your  notes  would  detect  are  errors,  it 
would  confer  a  new  and  valuable  obligation  upon  .  ,  .  and  might  enable  to 
correct  hereafter  the  wwajt)preA.e?mo/is  which  may  have  crept  into  the  com- 
pilation from  the  manner  in  which  the  materials  for  it  were  necessarily  col- 
lected and  arranged." 


*  Journal,  p.  840,  Sept.  7, 17S7. — "It  was  moved  by  Mr.  Madison,  and  seconded,  to 
postpone  the  consideration  of  the  fourth  section  of  the  report,  in  order  to  take  np  the 
following : 

" '  That  it  be  an  instruction  to  the  Committee  of  the  States  to  prepare  a  clause  or 
clauses  for  establishing  an  Exeouti/ve  Council,  or  a  Council  of  State,  for  the  President  of 
the  United  States,  to  consist  of  six  members,  two  of  which  from  the  Eastern,  two  from 
the  Middle,  and  two  from  the  Southern  States,  with  a  rotation  and  duration  of  office, 
similar  to  that  of  the  Senate ;  such  Council  to  be  appointed  by  the  Legislature  or  by  tho 
Senate.' " 

Yeas— Maryland,  South  Carolina,  Georgia.    Nays— Eight  States. 


14  DAY  USE 

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